Plaza Realty Investors v. Aponte

Appellate Division of the Supreme Court of New York

Plaza Realty Investors v. Aponte

198 A.D.2d 164, 604 N.Y.S.2d 61

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

DecidedNovember 23, 1993

StatusPublished

Cited by2 cases

This text of 198 A.D.2d 164 (Plaza Realty Investors v. Aponte) 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

Plaza Realty Investors v. Aponte, 198 A.D.2d 164, 604 N.Y.S.2d 61 (N.Y. Ct. App. 1993).

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Opinion

—Order and judgment (one paper), Supreme Court, New York County (Carol Huff, J.), entered March 31, 1992, which dismissed a proceeding brought pursuant to CPLR article 78 challenging civil penalties imposed by respondent Division of Housing and Community Renewal upon petitioner, after a hearing, for failure to comply with two orders of the District Rent Administrator, unanimously affirmed, without costs.

Petitioner’s argument that respondent’s order raises and determines issues of service reductions not contained in the tenant’s original complaint is an improper collateral attack upon the District Rent Administrator’s 1987 order that should have been raised in a timely filed petition for administrative review (see, Matter of Frankel Realty Co. v New York State Div. of Hous. & Community Renewal, 176 AD2d 617, lv denied 79 NY2d 754). Nor did respondent abuse its power to impose a civil penalty under Rent Stabilization Law (Administrative Code of City of NY) § 26-516 (c) (1) by multiplying the $250 maximum penalty for a first offense by the number of violations and then again by the number of years that the violations remained outstanding (see, supra).

We have considered petitioner’s other arguments and find them to be without merit. Concur — Sullivan, J. P., Rosenberger, Ross, Asch and Rubin, JJ.

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—Order and judgment (one paper), Supreme Court, New York County (Carol Huff, J.), entered March 31, 1992, which dismissed a proceeding brought pursuant to CPLR article 78 challenging civil penalties imposed by respondent Division of Housing and Community Renewal upon petitioner, after a hearing, for failure to comply with two orders of the District Rent Administrator, unanimously affirmed, without costs.

Petitioner’s argument that respondent’s order raises and determines issues of service reductions not contained in the tenant’s original complaint is an improper collateral attack upon the District Rent Administrator’s 1987 order that should have been raised in a timely filed petition for administrative review (see, Matter of Frankel Realty Co. v New York State Div. of Hous. & Community Renewal, 176 AD2d 617, lv denied 79 NY2d 754). Nor did respondent abuse its power to impose a civil penalty under Rent Stabilization Law (Administrative Code of City of NY) § 26-516 (c) (1) by multiplying the $250 maximum penalty for a first offense by the number of violations and then again by the number of years that the violations remained outstanding (see, supra).

We have considered petitioner’s other arguments and find them to be without merit. Concur — Sullivan, J. P., Rosenberger, Ross, Asch and Rubin, JJ.

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Bluebook (online)

198 A.D.2d 164, 604 N.Y.S.2d 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plaza-realty-investors-v-aponte-nyappdiv-1993.

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