Opinion
2001-01050
Argued May 7, 2002.
June 10, 2002.
In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Division of Housing and Community Renewal, dated April 19, 2000, which revoked a determination of the District Rent Administrator, dated July 17, 1996, awarding the petitioner a rent overcharge, the New York State Division of Housing and Community Renewal appeals from a judgment of the Supreme Court, Kings County (Schneier, J,), dated December 14, 2000, which, inter alia, granted the petition and vacated the determination.
Marcia P. Hirsch, New York, N.Y. (Rudolph Rosa DiSanti of counsel), for appellant and respondent Joseph B. Lynch.
Diane E. Lutwak, Brooklyn, N.Y., for petitioner-respondent.
Before: NANCY E. SMITH, J.P., CORNELIUS J. O'BRIEN, HOWARD MILLER, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, with costs, the determination is reinstated and confirmed, and the proceeding is dismissed on the merits.
The Commissioner of the New York State Division of Housing and Community Renewal properly refused to consider the rent charged for the subject rent-stabilized apartment prior to February 26, 1987, the base date (see Cecilia v. Irizarry, 292 A.D.2d 557 [2d Dept, Mar. 25, 2002]; Matter of Anderson v. Lynch, 292 A.D.2d 603 [2d Dept, Mar. 25, 2002]; Myers v. Frankel, 292 A.D.2d 575 [2d Dept, Mar. 25, 2002]; McCarthy v. New York State Div. of Housing Community Renewal, 290 A.D.2d 313).
SMITH, J.P., O'BRIEN, H. MILLER and COZIER, JJ., concur.