In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Department of Housing Preservation and Development, dated January 30, 1987, reducing the partial real estate tax abatement granted pursuant to Administrative Code of the City of New York § 11-243 (former § J51-2.5), the petitioner appeals from a judgment of the Supreme Court, Kings County (Hirsch, J.H.O.), entered February 3, 1989, which dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
On October 23, 1986, the Director of External Audits of the New York City Department of Housing Preservation and Development (hereinafter HPD), recommended to the Director of the Tax Incentive Programs that the reasonable cost of $422,540 certified in the January 29, 1985 certificate of eligibility issued to the petitioner be reduced to $196,200, based on his auditor’s findings. On January 30, 1987, HPD issued a "Revision” directing the Department of Finance to reduce the certified reasonable cost to the new figure. Thereafter, the petitioner commenced the instant proceeding to review HPD’s determination and for reinstatement of its previously certified benefits. After a hearing and review of the pleadings and attached documentation, the Judicial Hearing Officer dismissed the proceeding finding that "the action by the City was most fair and there was not a shred of evidence showing that the City was arbitrary in its determination of this matter”.
The only question presented on this appeal is whether there was a rational basis for the agency’s determination (see, Matter of Pell v Board of Educ., 34 NY2d 222). We find that the record supports the determination. "[C]ourts should not
In light of our determination, we do not address the petitioner’s further contentions. Thompson, J. P., Brown, Kunzeman and Harwood, JJ., concur.
