Opinion
February 19, 1991
Appeal from the Supreme Court, Kings County (Hurowitz, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the cross motion is granted, and the proceeding is dismissed.
The record demonstrates that the determination of the appellant New York State Division of Housing and Community Renewal was issued on January 29, 1988. Inasmuch as the petitioner did not commence this proceeding to review that determination until April 12, 1988, the Supreme Court should have granted the appellant's cross motion to dismiss the proceeding as untimely (see, Administrative Code of City of New York § 26-516 [d]; 9 NYCRR 2530.1; see generally, Matter of Somlo v State Div. of Hous. Community Renewal, 142 A.D.2d 535). Brown, J.P., Sullivan, Rosenblatt and Ritter, JJ., concur.