MATTER OF FAZIO v. JOY

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.