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MATTER OF FERNANDEZ v. DHCR

193 Misc.2d 511 (2002)

749 N.Y.S.2d 373

In the Matter of ERCIDA FERNANDEZ, Petitioner, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

Supreme Court, New York County.

July 11, 2002.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (David W. Weschler, Jaya K. Madhavan and Andrew Lehrer of counsel), for petitioner.

Marcia P. Hirsch, New York City (Louis A. Novellino of counsel), for New York State Division of Housing & Community Renewal and another, respondents.

Mihos Karabelas & Papagianopoulos LLP, Astoria (Kirk T. Karabelas of counsel), for 557 West 148th Street Realty, L.L.C., respondent.

OPINION OF THE COURT

DEBRA A. JAMES, J.

In this proceeding, petitioner, a rent-stabilized tenant, seeks to annul and vacate the January 11, 2002 denial by respondent New York State Division of Housing and Community Renewal (DHCR) of her petition for administrative review (PAR) of a rent overcharge claim she filed in 1999.

By that denial, DHCR affirmed the Rent Administrator's determination that no rent...

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