From Casetext: Smarter Legal Research

Matter of Busbee v. Higgins

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1995
221 A.D.2d 177 (N.Y. App. Div. 1995)

Opinion

November 9, 1995

Appeal from the Supreme Court, New York County (Martin Schoenfeld, J.).


The court properly exercised its discretion in denying respondent-appellant-landlord's motion to renew as movant failed to offer a reasonable excuse for not previously submitting to respondent Division of Housing and Community Renewal its DC-2 form in conjunction with petitioner's Fair Market Rent Appeal ( see, Foley v Roche, 68 A.D.2d 558, 568). The form was ultimately located in landlord's own stored file. This proceeding has now been pending since 1984. It is time for it to be put to rest.

Concur — Rosenberger, J.P., Rubin, Kupferman and Williams, JJ.


Summaries of

Matter of Busbee v. Higgins

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1995
221 A.D.2d 177 (N.Y. App. Div. 1995)
Case details for

Matter of Busbee v. Higgins

Case Details

Full title:In the Matter of CHERYL BUSBEE, Respondent, v. RICHARD HIGGINS, as…

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

Date published: Nov 9, 1995

Citations

221 A.D.2d 177 (N.Y. App. Div. 1995)
633 N.Y.S.2d 298

Citing Cases

POAG v. ATKINS

The related yet distinct motion for leave to reargue is not implicated by the movant's application, and,…