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

Appellate Division of the Supreme Court of New York

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

243 A.D.2d 373, 663 N.Y.S.2d 205, 1997 N.Y. App. Div. LEXIS 10785

Appellate Division of the Supreme Court of the State of New York·Decided October 28, 1997·Published·Cited by 6 cases

Opinion

Judgment, Supreme Court, New York County (Elliott Wilk, J.), entered March 20, 1997, dismissing petitioner tenant’s application pursuant to CPLR article 78 to annul respondent agency’s award to intervenor landlord of a major capital improvement rent increase, unanimously affirmed, without costs.

The petition was properly dismissed on the ground that the evidence petitioner relies on was offered for the first time in his Petition for Administrative Review although it had been available to him for two years and could have been submitted to the Rent Administrator (9 NYCRR 2529.6; Matter of Birdoff & Co. v New York State Div. of Hous. & Community Renewal, 204 AD2d 630; Matter of 985 Fifth Ave. v State Div. of Hous. & Community Renewal, 171 AD2d 572, 574-575, lv denied 78 NY2d 861). Concur—Murphy, P. J., Nardelli, Williams and Colabella, JJ.

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Judgment, Supreme Court, New York County (Elliott Wilk, J.), entered March 20, 1997, dismissing petitioner tenant’s application pursuant to CPLR article 78 to annul respondent agency’s award to intervenor landlord of a major capital improvement rent increase, unanimously affirmed, without costs.

The petition was properly dismissed on the ground that the evidence petitioner relies on was offered for the first time in his Petition for Administrative Review although it had been available to him for two years and could have been submitted to the Rent Administrator (9 NYCRR 2529.6; Matter of Birdoff & Co. v New York State Div. of Hous. & Community Renewal, 204 AD2d 630; Matter of 985 Fifth Ave. v State Div. of Hous. & Community Renewal, 171 AD2d 572, 574-575, lv denied 78 NY2d 861). Concur—Murphy, P. J., Nardelli, Williams and Colabella, JJ.

Levine v. New York State Division of Housing & Community Renewal, 243 A.D.2d 373, 663 N.Y.S.2d 205, 1997 N.Y. App. Div. LEXIS 10785 (N.Y. Ct. App. 1997).

Pincite

243 A.D.2d 373 (Levine 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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