Gelbart v. Borglum

Full title: LUBA GELBART, Respondent, v. HELEN BORGLUM, Appellant

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

Date published: Jul 22, 1993

195 A.D.2d 416 (N.Y. App. Div. 1993)

600 N.Y.S.2d 705

Opinion

July 22, 1993

Appeal from the Supreme Court, New York County (Carol Arber, J.).

Pursuant to Rent Stabilization Code (9 N.Y.CRR) § 2529.12, that portion of an order fixing a rent overcharge penalty shall be stayed by the filing of a petition for administrative review ("PAR") until 60 days after determination of the PAR. In this case, we find that the IAS Court erred in finding that defendant had not met her burden of establishing that she had filed a PAR to the Division of Housing and Community Renewal's ("DHCR") finding that she had overcharged plaintiff. Defendant's inclusion of certified mail return receipts as well as a postcard from DHCR acknowledging receipt of the PAR with a docket number matching that on the original overcharge complaint as well as the PAR itself clearly established the filing. Under these circumstances, it was error to refuse to vacate the judgment which had been previously entered on the amount awarded by DHCR.

Concur — Milonas, J.P., Rosenberger, Ellerin and Kupferman, JJ.