Opinion
2001-07559
Submitted October 4, 2002.
October 28, 2002.
In a proceeding pursuant to CPLR article 78 to review a determination of the Deputy Commissioner of the New York State Division of Housing and Community Renewal, dated January 20, 2000, which, inter alia, granted the petitions for administrative review of the property owners and revoked an order of the Rent Administrator dated October 4, 1996, awarding the petitioner a rent overcharge and refund, the petitioner appeals from a judgment of the Supreme Court, Kings County (Barasch, J.), dated June 5, 2001, which denied the petition and dismissed the proceeding.
John C. Gray, Brooklyn, N.Y. (Ronald Languedoc of counsel), for appellant.
Marcia P. Hirsch, New York, N.Y. (Aida P. Reyes of counsel), for respondent New York State Division of Housing and Community Renewal.
Itkowitz Harwood, New York, N.Y. (Matthew W. Greenblatt of counsel), for respondent Orion Realty (no brief filed).
Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, without costs or disbursements.
We agree with the Supreme Court's determination that the appellant's complaint for overcharges filed in 1991, predicated on the late filing of a 1984 registration statement, was untimely (see Cecilia v. Irizarry, 292 A.D.2d 557; Silver v. Lynch, 283 A.D.2d 213; Matter of Perry v. New York State Div. of Hous. Community Renewal, 281 A.D.2d 629). The application of Rent Stabilization Law § 26-516(a)(2) to the petitioner's complaint did not constitute a denial of due process (see Brinckerhoff v. New York State Div. of Hous. Community Renewal, 275 A.D.2d 622).
The petitioner's remaining contention is without merit.
SANTUCCI, J.P., SCHMIDT, TOWNES and MASTRO, JJ., concur.