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MATTER OF MILLER v. DIVISION OF HOUSING AND COMMUNITY RENEWAL

289 A.D.2d 20 (2001)

733 N.Y.S.2d 860

In the Matter of MARGARET MILLER et al., Appellants, v. DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided December 4, 2001.

The court-ordered stipulation of settlement of a prior tenant's overcharge complaint, on which petitioners rely to rebut the presumption of willfulness inherent in DHCR's finding of an overcharge in this proceeding (see, Matter of Hargrove v Division of Hous. & Community Renewal, 244 A.D.2d 241, 242), was not raised before DHCR or the motion court, and we decline to review it (see, Matter of Featherstone v Franco,

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