OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division did not err in permitting respondent New York State Division of Housing and Community Renewal to address on remand the application of respondent 12 Broadway Realty LLC for a claimed major capital improvement rent increase based on resurfacing work consistent with the Appellate Division decision.
Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.