Opinion
May 13, 1999
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
Respondent's determination that basement storage space is a required service has rational support in the record, including claims by tenants of the existence and use of storage bins in the basement, an inspection report and photographs confirming such claims, and evidence that building-wide storage could be accommodated by the 300 square feet of space contained in each of the five storage bins in the basement. Due process did not require a hearing (see, Matter of Rubin v. Eimicke, 150 A.D.2d 697, lv denied 75 N.Y.2d 704). We have considered petitioner's other arguments and find them unpersuasive.
Concur — Sullivan, J. P., Nardelli, Wallach, Andrias and Saxe, JJ.