Opinion
January 26, 1995
Appeal from the Supreme Court, New York County (Carmen Ciparick, J.).
Petitioner's failure to comply with section 42 (A) of the former Code of the Rent Stabilization Association of New York City, Inc., requiring owners of rent stabilized apartments to retain all leases in effect on or after June 30, 1974, warranted respondent's application of its default formula (Matter of 61 Jane St. Assocs. v. New York City Conciliation Appeals Bd., 65 N.Y.2d 898). The IAS Court properly refused to consider the rent records of 1978 that petitioner failed to submit to respondent prior to its determination (Matter of Fanelli v. New York City Conciliation Appeals Bd., 90 A.D.2d 756, 757, affd 58 N.Y.2d 952).
Concur — Sullivan, J.P., Ellerin, Kupferman and Williams, JJ.