Garcia v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York

Garcia v. New York State Division of Housing & Community Renewal

225 A.D.2d 451, 639 N.Y.2d 691, 639 N.Y.S.2d 691, 1996 N.Y. App. Div. LEXIS 2744

Appellate Division of the Supreme Court of the State of New York·Decided March 21, 1996·Published·Cited by 2 cases

Opinion

Contrary to the IAS Court, we find that the determination of respondent New York State Division of Housing and Community Renewal ("DHCR”) was not based on an error of law. Inasmuch as petitioner had entered into a court-ordered stipulation in Civil Court which entitled her to a tenancy of the [452]*452subject apartment at a rent of $550 per month, her argument that the stipulation was invalid and must be vacated should properly have been made to Civil Court and not to DHCR (see, Matter of Matinzi v Joy, 60 NY2d 835, 836-837). Concur — Sullivan, J. P., Ellerin, Nardelli and Williams, JJ.

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Contrary to the IAS Court, we find that the determination of respondent New York State Division of Housing and Community Renewal ("DHCR”) was not based on an error of law. Inasmuch as petitioner had entered into a court-ordered stipulation in Civil Court which entitled her to a tenancy of the [452]*452subject apartment at a rent of $550 per month, her argument that the stipulation was invalid and must be vacated should properly have been made to Civil Court and not to DHCR (see, Matter of Matinzi v Joy, 60 NY2d 835, 836-837). Concur — Sullivan, J. P., Ellerin, Nardelli and Williams, JJ.

Garcia v. New York State Division of Housing & Community Renewal, 225 A.D.2d 451, 639 N.Y.2d 691, 639 N.Y.S.2d 691, 1996 N.Y. App. Div. LEXIS 2744 (N.Y. Ct. App. 1996).

Pincite

225 A.D.2d 451 (Garcia v. New York State Division of Housing & Community Renewal) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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