Opinion
April 14, 1994
Appeal from the Supreme Court, New York County (Burton Sherman, J.).
Upon the record related to the matter, we find that there was a rational basis for the respondent agency's conclusion, reached after proceedings that fully accorded petitioner due process (see, Matter of Sun v Division of Hous. Community Renewal, 137 Misc.2d 434, 437), that petitioner had waived its claim that the tenant's Fair Market Rent Appeal was not timely by not asserting it prior to the administrative appeal.
We have considered the petitioner's remaining arguments, and find them to be without merit.
Concur — Carro, J.P., Wallach, Rubin and Nardelli, JJ.