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MATTER OF ZELIG v. STATE OF NEW YORK DIV. OF HOUS. AND COMMUNITY RENEWAL

101153/18. Appeal No. 12443-12443A. Case No. 2019-04740.

189 A.D.3d 657 (2020)

139 N.Y.S.3d 138

2020 NY Slip Op 07736

In the Matter of Irma Zelig, Appellant, v. State of New York Division of Housing and Community Renewal et al., Respondents. Aspenly Company, LLC, Intervenor-Respondent.

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

FishmanLaw, PLLC, New York ( James B. Fishman of counsel), for appellant.

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York ( Paul N. Gruber of counsel), for respondent.

Concur—Webber, J.P., González, Kennedy, JJ.

We find that Supreme Court improvidently denied remand to DHCR for further review. In 2000, petitioner's monthly rent reached the threshold for high-rent deregulation. Subsequently, in June 2011, intervenor-respondent Aspenly, the proprietary lessee of the apartment, petitioned for deregulation of the apartment.* Although Aspenly, was filed with DHCR in 2011, DHCR did not seek to verify petitioner's income in response to that petition until June...

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