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  5. 161 A.D.2d 207 (1990)
 

RUSTY REALTY ASSOCS., LTD. v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL, OFFICE OF RENT ADMIN.

161 A.D.2d 207 (1990)

Rusty Realty Associates, Ltd., Respondent, v. New York State Division of Housing and Community Renewal, Office of Rent Administration, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 3, 1990

Respondent-appellant Division of Housing and Community Renewal (DHCR) correctly contends that the IAS court improperly denied its cross motion to dismiss the article 78 petition herein in view of the fact that the Commissioner's order, which dismissed the landlord's administrative appeal as being untimely filed, was reasonable and supported by a rational basis.

The underlying action in this case was a landlord-tenant controversy...

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