Opinion
570829/07.
Decided April 2, 2008.
Respondents Moussa Arabian and Mahin Arabian appeal from (1) a final judgment of the Civil Court of the City of New York, New York County (Joseph E. Capella, J.), entered on or about April 3, 2007, which upon an order granting petitioner's motion for summary judgment, awarded possession to petitioner in a holdover summary proceeding, and (2) an order of the same court (David B. Cohen, J.), dated August 8, 2007, which fixed an undertaking in the amount of $21,800 as a condition of a stay of eviction pending appeal.
PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ.
Final judgment (Joseph E. Capella, J.), entered on or about April 3, 2007, affirmed, with $25 costs. Appeal from order (David B. Cohen, J.), dated August 8, 2007, dismissed, without costs, as academic. Issuance of the warrant of eviction shall be stayed for 60 days after service of a copy of this order with notice of entry.
Civil Court properly gave preclusive effect to the December 29, 1995 DHCR order, upheld on administrative review, deregulating the subject rent-stabilized apartment based on high income upon tenant's failure to provide the required income verification. Tenant's remedy was to timely challenge the agency's final determination in a CPLR article 78 proceeding.
Tenant's present challenge to the adequacy of the underlying notice of termination was raised for the first time on appeal and thus is not properly before us ( see Claridge Gardens v Menotti, 160 AD2d 544, 545; see also 433 W. Assoc. v Murdock, 276 AD2d 360, 361).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.