MATTER OF SILVERSTEIN v. HIGGINS


184 A.D.2d 644 (1992)

In the Matter of Evelyne Silverstein, Appellant, v. Richard L. Higgins, as Commissioner of The New York State Division of Housing and Community Renewal, Respondent

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

June 15, 1992


Ordered that the judgment is affirmed, without costs or disbursements.

We agree with the determination of the Supreme Court that the Commissioner had the authority to modify a prior order of the District Rent Administrator based upon the latter's erroneous determination that there had been a rent overcharge to the petitioner. The Rent Stabilization Code (9 NYCRR 2527.8) specifically provides that the New York State Division...

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