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IN THE MATTER OF EISENBERG v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

57 A.D.3d 312 (2008)

869 N.Y.S.2d 79

In the Matter of SIDNEY EISENBERG, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

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

December 16, 2008.

Given petitioner's failure to submit any objective proof that he had mailed his answer, it was neither arbitrary and capricious nor contrary to law for DHCR to find him in default (see Matter of Szaro v New York State Div. of Hous. & Community Renewal, 13 A.D.3d 93 [2004]). Nonetheless, in view of petitioner's advanced age and Housing Court's appointment of a guardian ad litem for him in the related holdover proceeding, the matter...

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