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In the Matter of THERESA FAZIO et al., Appellants, v. DANIEL JOY, as Commissioner of Department of Housing Preser

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 89 A.D.2d 604). We emphasize that the proper standard of review of determinations by the Commissioner of Department of Housing Preservation and Development is a "rational basis" test ( Matter of Asen Bros. Brook v Leventhal, 54 N.Y.2d 839; Matter of Colton v Berman, 21 N.Y.2d 322, 329).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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MATTER OF FAZIO v. JOY
(Nov 18, 1982)