N.Y. Comp. Codes R. & Regs. tit. 9 § 2510.12

Current through Register Vol. 46, No. 43, October 23, 2024

Section 2510.12 - Judicial review

(a) A proceeding for judicial review pursuant to article 78 of the Civil Practice Law and Rules may be instituted only to review a final order of the commissioner pursuant to section 2510.8 of this Part, or after the expiration of the 90 day or extended period within which the commissioner may determine a PAR pursuant to section 2510.10 of this Part, and which, therefore, may be "deemed denied" by the petitioner. For the purposes of this section, an order of remand to a district rent administrator, unless for limited or ministerial purposes only, and which the commissioner has designated as a final determination, and orders reopening a PAR proceeding, are not final orders. The petition for judicial review shall be brought within 60 days after the issuance date of such order, in the Supreme Court in the county in which the subject housing accommodation is located and shall be served upon the division and the Attorney General. Issuance date is defined as the date of mailing of the order.

(b) Judicial review of a PAR order shall be limited:

(1) to the party who filed the PAR or, if the PAR determination modified or reversed the district rent administrator's order, anyone aggrieved thereby; and

(2) to issues raised in the PAR, or which are directly related to any modification of the administrator's order.

A party aggrieved by a PAR order issued after the 90 day or extended period of time within which the petitioner could deem his or her petition denied pursuant to section 2510.10 of this Title, shall have 60 days from the date of such order to commence a proceeding for judicial review, notwithstanding that 60 days have elapsed after such 90 day or extended deemed denial period has expired.

(c) Service of the petition upon the division shall be made by either:

(1) personal delivery of the notice of petition and petition to Counsel's Office at the division's office, 641 Lexington Avenue, New York, N.Y. 10022 or such other address as may be designated by the commissioner, and delivering a copy thereof to an Assistant Attorney General at an office of the New York St ate Attorney General within the State; or

(2) by such other method as is authorized by the Civil Practice Law and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2510.12

Amended New York State Register October 30, 2019/Volume XLI, Issue 44, eff. 10/9/2019

Amended New York State Register February 19, 2020/Volume XLII, Issue 07, eff. 2/19/2020