Opinion
February 21, 1995
Appeal from the Supreme Court, Queens County (Leviss, J.).
Ordered that the judgment is affirmed, with costs.
The issue of whether Emma Santo was a tenant in a two-story house located at 22-11 149th Street, Queens, prior to 1950 was a question of fact to be determined by the Deputy Commissioner of the New York State Division of Housing and Community Renewal (hereinafter the Deputy Commissioner) (see, Matter of Brandeis v Joy, 112 A.D.2d 126; Matter of Mucskova v. Commissioner of Dept. of Hous. Preservation Dev. of City of N.Y., 105 A.D.2d 787). We find that the Deputy Commissioner's determination has a rational basis in the record (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222) and was not arbitrary or capricious (see, Matter of 61 Jane St. Assocs. v. New York City Conciliation Appeals Bd., 65 N.Y.2d 898). Sullivan, J.P., Rosenblatt, Copertino and Hart, JJ., concur.