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ORIN MGT. CORP. v. DHCR

275 A.D.2d 126 (2000)

713 N.Y.S.2d 556

In the Matter of ORIN MANAGEMENT CORP., Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant.

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

October 2, 2000.

Attorney(s) appearing for the Case

Marcia P. Hirsch, New York City (Jan C. Rose of counsel), for appellant.

THOMPSON, J.P., FRIEDMANN and FLORIO, JJ., concur.

OPINION OF THE COURT

SMITH, J.

On this appeal, we are asked to determine if, in a proceeding pursuant to CPLR article 78, the Supreme Court properly annulled a determination of the New York State Division of Housing and Community Renewal (hereinafter the DHCR) in concluding that the subject rent overcharge complaint was time barred by application of the Rent Regulation Reform Act of 1997 and CPLR 213-a.

HISTORY AND FACTUAL REVIEW

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