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

Appellate Division of the Supreme Court of New York

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

214 A.D.2d 346, 625 N.Y.S.2d 891, 1995 N.Y. App. Div. LEXIS 3701

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 6, 1995

StatusPublished

This text of 214 A.D.2d 346 (Guerre v. New York State Division of Housing & Community Renewal) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guerre v. New York State Division of Housing & Community Renewal, 214 A.D.2d 346, 625 N.Y.S.2d 891, 1995 N.Y. App. Div. LEXIS 3701 (N.Y. Ct. App. 1995).

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Opinion

Order, Supreme Court, New York County (Edward Lehner, J.), entered December 28, 1993, which in a proceeding pursuant to CPLR article 78, to annul respondent’s determina[347]*347tion denying petitioner’s application for a rent reduction based on alleged decreases in services, dismissed the petition as untimely commenced and improperly served, unanimously affirmed, without costs.

The proceeding was properly dismissed because not commenced within 60 days after respondent’s denial of the petition for administrative review (PAR). In any event, on the merits, the denial of the PAR was not arbitrary and capricious, petitioner having admitted that several of the items listed in her administrative complaint of reduction of services had been corrected by the time her landlord responded thereto, and the record confirming that the other items listed had been investigated and either were rejected or are the subject of existing rent reduction orders. We have considered petitioner’s other contentions and find them to be without merit. Concur—Rosenberger, J. P., Ellerin, Rubin, Ross and Tom, JJ.

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Order, Supreme Court, New York County (Edward Lehner, J.), entered December 28, 1993, which in a proceeding pursuant to CPLR article 78, to annul respondent’s determina[347]*347tion denying petitioner’s application for a rent reduction based on alleged decreases in services, dismissed the petition as untimely commenced and improperly served, unanimously affirmed, without costs.

The proceeding was properly dismissed because not commenced within 60 days after respondent’s denial of the petition for administrative review (PAR). In any event, on the merits, the denial of the PAR was not arbitrary and capricious, petitioner having admitted that several of the items listed in her administrative complaint of reduction of services had been corrected by the time her landlord responded thereto, and the record confirming that the other items listed had been investigated and either were rejected or are the subject of existing rent reduction orders. We have considered petitioner’s other contentions and find them to be without merit. Concur—Rosenberger, J. P., Ellerin, Rubin, Ross and Tom, JJ.

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Bluebook (online)

214 A.D.2d 346, 625 N.Y.S.2d 891, 1995 N.Y. App. Div. LEXIS 3701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guerre-v-new-york-state-division-of-housing-community-renewal-nyappdiv-1995.