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URBAN ASSOCS. v. HETTINGER

177 A.D.2d 439 (1991)

Urban Associates, Appellant, v. Helen Hettinger, Defendant, and Justin Hoy, Respondent

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

November 21, 1991

We agree with IAS that this action for a declaratory judgment is an improper attempt to collaterally attack the determination of the New York State Division of Housing and Community Renewal that the apartment is subject to the Rent Stabilization Code. Plaintiff should have exhausted its administrative remedies with respect to the rent regulated status of the apartment, after which the appropriate procedure would have been to commence a CPLR article 78 proceeding (Matter...

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