Landlord-Tenant—Rent Stabilization—Owner's 'Application for Approval To Refuse Renewal of Lease and/or To Proceed for Eviction' Based on Owner's Intent To Demolish The Building Granted—Appellate Division Reversed Trial Court Dismissal of Article 78 Proceeding

A building owner had commenced an Article 78 proceeding to annul a determination of a petition for administrative review (PAR) of respondent NYS Division of Housing and Community Renewal (DHCR), which had denied the owner's "Application for an Order Granting Approval to Refuse Renewal of Lease and/or to Proceed For Eviction" (application), predicated upon the owner's "proposal to demolish the subject building." The trial court had dismissed the proceeding. The Appellate Division (court) reversed.