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IN THE MATTER OF 425 3RD AVENUE REALTY CO. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

26 A.D.3d 184 (2006)

809 N.Y.S.2d 31

In the Matter of 425 3RD AVENUE REALTY CO., by MAYER-HAUSER REALTY, LLC, 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.

February 7, 2006.

Petitioner failed to rebut respondent's evidence of routine mailing procedures (see Matter of Bennissim v. Calogero, 19 A.D.3d 135 [2005]), as well as its finding that petitioner had failed to register the rent-stabilized apartment after 1998 and proceeded to willfully overcharge the tenant. There was a rational basis for respondent's determination that petitioner received the tenant's complaint, as well as respondent's final notice...

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