Appellate Division of the Supreme Court of New York, 2002

Anderson v. Lynch

Anderson v. Lynch
Appellate Division of the Supreme Court of New York · Decided March 25, 2002
292 A.D.2d 603; 739 N.Y.S.2d 622; 2002 N.Y. App. Div. LEXIS 3250
Anderson v. Lynch

Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Housing and Community Renewal, dated November 3, 1999, which revoked a determination of the District Rent Administrator, dated November 27, 1995, awarding the petitioner a rent overcharge and refund, the petitioner appeals from a judgment of the Supreme Court, Kings County (Dabiri, J.), dated September 27, 2000, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

*604The Supreme Court properly determined that the respondent correctly refused to consider the rent history of the appellant’s rent-stabilized apartment beyond the four-year period measured from the appellant’s filing of his rent overcharge complaint (see Myers v Frankel, 292 AD2d 575 [decided herewith]; Silver v Lynch, 283 AD2d 213; Matter of Sessler v New York State Div. of Hous. & Community Renewal, 282 AD2d 262).

The appellant’s remaining contention is without merit. Prudenti, P.J., Santucci, S. Miller and Friedmann, JJ., concur.

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