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In the Matter of Anderson v. Lynch

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 2002
292 A.D.2d 603 (N.Y. App. Div. 2002)

Opinion

2000-11246

Argued January 8, 2002.

March 25, 2002.

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Housing and Community Renewal, dated November 3, 1999, which revoked a determination of the District Rent Administrator, dated November 27, 1995, awarding the petitioner a rent overcharge and refund, the petitioner appeals from a judgment of the Supreme Court, Kings County (Dabiri, J.), dated September 27, 2000, which denied the petition and dismissed the proceeding.

John C. Gray, Brooklyn, N.Y. (Elisabeth Fiekowsky of counsel), for appellant.

Marcia P. Hirsch, New York, N.Y. (Martin B. Schneider of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., FRED T. SANTUCCI, SONDRA MILLER, and WILLIAM D. FRIEDMANN, JJ.


ORDERED that the judgment is affirmed, with costs.

The Supreme Court properly determined that the respondent correctly refused to consider the rent history of the appellant's rent-stabilized apartment beyond the four-year period measured from the appellant's filing of his rent overcharge complaint (see Myers v. Frankel, 292 A.D.2d 575 [decided herewith]; Silver v. Lynch, 283 A.D.2d 213; Matter of Sessler v. New York State Div. of Hous. Community Renewal, 282 A.D.2d 262).

The appellant's remaining contention is without merit.

PRUDENTI, P.J., SANTUCCI, S. MILLER and FRIEDMANN, JJ., concur.


Summaries of

In the Matter of Anderson v. Lynch

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 2002
292 A.D.2d 603 (N.Y. App. Div. 2002)
Case details for

In the Matter of Anderson v. Lynch

Case Details

Full title:IN THE MATTER OF JOHN ANDERSON, appellant, v. JOSEPH B. LYNCH, ETC.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 25, 2002

Citations

292 A.D.2d 603 (N.Y. App. Div. 2002)
739 N.Y.S.2d 622

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