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

62 A.D.3d 494 (2009)

880 N.Y.S.2d 9

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.

May 14, 2009.

Since petitioner failed to submit any objective proof that he mailed his answer to the landlord's deregulation petition, DHCR's determination that petitioner defaulted was neither arbitrary and capricious nor contrary to law (see Matter of Szaro v New York State Div. of Hous. & Community Renewal, 13 A.D.3d 93 [2004]). Petitioner's due process claim is unavailing. To the extent, if any, we may take cognizance of petitioner's belated...

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