MATTER OF NELSON MANAGEMENT GROUP, LTD. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL


259 A.D.2d 411 (1999)

687 N.Y.S.2d 149

In the Matter of NELSON MANAGEMENT GROUP, LTD., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided March 25, 1999.


Petitioner's untimely filing of its PAR more than 35 days after the issuance of the overcharge order constituted a failure to exhaust administrative remedies justifying dismissal of petitioner's subsequent article 78 proceeding (see, Matter of Dowling v Holland, 245 A.D.2d 167, 169, citing, inter alia, Matter of Lipes v State of N. Y., Div. of Hous. & Community Renewal, 174 A.D.2d 571

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