Opinion
375
March 6, 2003.
Judgment, Supreme Court, New York County (Marcy Friedman, J.), entered October 22, 2001, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to annul respondent's determination, dated August 2, 2000, finding petitioner liable for rent overcharges and awarding tenants $94,204.26, including treble damages and excess security, unanimously affirmed, without costs.
Daniel Roskoff, for petitioner-appellant.
Michael B. Rosenblatt, for respondent-respondent.
Before: Nardelli, J.P., Andrias, Saxe, Williams, Marlow, JJ.
Contrary to petitioner's claim that it did not have adequate notice of the rent overcharge proceeding, the record demonstrates that it was twice fully notified of the proceeding — the second notice having been furnished two-and-a-half years subsequent to the first notice. Nonetheless, petitioner, without adequate explanation, failed to timely respond to either notice (see Matter of Rubin v. Eimicke, 150 A.D.2d 697, 698, lv denied 75 N.Y.2d 704).
To the extent that they are properly before us, petitioner's remaining points have been reviewed and found unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.