Vink v. New York State Divison of Housing and Community Renewal

Plaintiffs appeal from an order of the Supreme Court, New York County (Nicholas Figueroa, J.), entered August 18, 2000, which granted the motions of defendants to dismiss the complaint for failing to state a cause of action. Petitioners appeal from an order of the Supreme Court, New York County (Nicholas Figueroa, J.), entered November 10, 1999, which dismissed their application seeking to compel the New York State Division of Housing and Community Renewal to require Rivercross Tenants' Corp. to create a surcharge schedule scaled to impose a 50% surcharge cap, to be imposed on certain over- income tenants, and to annul the determination of the Division of Housing and Community Renewal approving a schedule with a 20% cap. MAJORITY OPINION