Opinion
January 18, 1996
Appeal from the Supreme Court, New York County (Stanley Parness, J.).
Tenants' challenge to petitioner's determination was untimely under EDPL 204. The tenants' claim that this statute's provision for service by publication is unconstitutional is improperly raised for the first time on appeal and made without the notice to the Attorney-General required by Executive Law § 71 ( see, Matter of A J Produce Corp. v Commissioner of Fin. of City of N Y, 199 A.D.2d 99, lv denied 86 N.Y.2d 701). In any event, such claim is without merit ( see, Matter of De Vito v City of Troy, 72 A.D.2d 866). We have considered appellants' remaining claims and find them to be without merit.
Concur — Rosenberger, J.P., Wallach, Rubin, Nardelli and Mazzarelli, JJ.