MATTER OF GBOIZO v. DHCR


11 Misc.3d 628 (2006)

812 N.Y.S.2d 297

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

Supreme Court, New York County.

January 31, 2006.


Attorney(s) appearing for the Case

Goldberg, Scudieri, Lindenberg & Block, P.C., New York City, for petitioner.

Marcia P. Hirsch, New York City, for respondents.


OPINION OF THE COURT

EDWARD H. LEHNER, J.

The sole legal issue presented in this CPLR article 78 proceeding, for which both sides acknowledge there is no precedent, is whether the respondent Division of Housing and Community Renewal (DHCR) was correct in concluding that, because the rent overcharge found herein was made by a sublessor, "the issue of whether the overcharge was willful cannot be considered...

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