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MATTER OF BUSBEE v. HIGGINS

221 A.D.2d 177 (1995)

633 N.Y.S.2d 298

In the Matter of Cheryl Busbee, Respondent, v. Richard Higgins, as Commissioner of The New York State Division of Housing and Community Renewal, et al., Respondents, and Ken-Rob Company, Appellant

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

November 9, 1995

The court properly exercised its discretion in denying respondent-appellant-landlord's motion to renew as movant failed to offer a reasonable excuse for not previously submitting to respondent Division of Housing and Community Renewal its DC-2 form in conjunction with petitioner's Fair Market Rent Appeal (see, Foley v Roche, 68 A.D.2d 558, 568). The form was ultimately located in...

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