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JONATHAN WOODNER CO. v. HIGGINS

179 A.D.2d 444 (1992)

Jonathan Woodner Co., Appellant, v. Richard L. Higgins, as Commissioner of The Division of Housing and Community Renewal, et al., Respondents

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

January 14, 1992

This article 78 proceeding challenging respondent's finding of a willful rent overcharge was dismissed on the ground that petitioner did not file a petition for administrative review within 35 days after issuance of respondent's order (9 NYCRR 2529.2), and therefore failed to exhaust its administrative remedies. The IAS court rejected petitioner's denial of receipt of respondent's order, finding that respondent presented sufficient...

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