Argo Corp. v. New York State Div. of Housing and Community Renewal

• Decision Date: 14 January 1999
• Citation: 683 N.Y.S.2d 525
• Parties: 1999 N.Y. Slip Op. 226 In re Application of the ARGO CORPORATION, Petitioner-Appellant, For a Judgment, etc., v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Respondent. First Department
• Court: New York Supreme Court — Appellate Division

Page 525

683 N.Y.S.2d 525

1999 N.Y. Slip Op. 226

In re Application of the ARGO CORPORATION, Petitioner-Appellant For a Judgment, etc., v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL Respondent-Respondent.

Supreme Court, Appellate Division,

First Department.

Jan. 14, 1999.

Pamela A. Koplik, for Petitioner-Appellant.

Susan E. Smith, for Respondent-Respondent.

ELLERIN, J.P., WALLACH, MAZZARELLI and ANDRIAS, JJ.

MEMORANDUM DECISION.

Order and judgment (one paper), Supreme Court, New York County (Frederic Berman, J.), entered October 2, 1997, which denied the application and dismissed the petition pursuant to CPLR article 78 seeking to annul respondent New York State Division of Housing and Community Renewal's determination of a rent overcharge, unanimously affirmed, without costs.

Inadequacies and inconsistencies in the documentation presented by petitioner to the Rent Administrator justified the challenged determination (see, Pechock v. New York State Div. of Hous. & Community Renewal, --- A.D.2d ----, 677 N.Y.S.2d 554). Petitioner's attempt to cure those deficiencies upon administrative review of the Rent Administrator's determination was properly rejected by respondent as...