Mueller v. New York Div. of HSG

Full title: IN RE APPLICATION OF FRANCO MUELLER, Petitioner-Appellant, FOR A JUDGMENT…

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

Date published: Feb 20, 2003

302 A.D.2d 275 (N.Y. App. Div. 2003)

753 N.Y.S.2d 840

Opinion

234

February 20, 2003.

Judgment, Supreme Court, New York County (Louise Gruner Gans, J.), entered May 20, 2002, which dismissed the petition brought pursuant to CPLR article 78 to annul a determination of respondent State of New York Division of Housing and Community Renewal (DHCR), dated September 28, 2000, insofar as such determination found that certain rent overcharges by respondent landlord Harmir Realty Co. were not willful, unanimously affirmed, without costs.

ROBERT A. BURSTEIN, for Petitioner-Appellant.

PATRICE HUSS and PAUL R. KENNEY, for Respondent-Respondents.

Before: Tom, J.P., Mazzarelli, Ellerin, Williams, Marlow, JJ.

The administrative record provides rational support for respondent DHCR's determination that respondent landlord met its burden to demonstrate that the subject rent overcharges were not willful.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.