Opinion
October 6, 1992
Appeal from the Supreme Court, New York County (Edward J. Greenfield, J.).
Petitioner's failure to provide, as requested by respondent, a complete rent history authorized respondent's use of its default formula in calculating the rent for the subject apartment (Matter of Drewbar Realty Co. v State of N.Y. Div. of Hous. Community Renewal, 181 A.D.2d 617). Upon an examination of the return, we also agree with the IAS Court that petitioner's assertion that the building containing the subject apartment had been a church/school prior to 1974 was not raised during the administrative proceedings, and thus could not be considered in the article 78 proceeding. "Disposition of the proceeding is limited to the facts and record adduced before the agency when the administrative determination was rendered." (Matter of Fanelli v New York City Conciliation Appeals Bd., 90 A.D.2d 756, 757, affd 58 N.Y.2d 952.) We have reviewed petitioner's other arguments and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Kupferman and Rubin, JJ.