Opinion
October 28, 1997
Appeal from Supreme Court, New York County (Elliott Wilk, J.).
The petition was properly dismissed on the ground that the evidence petitioner relies on was offered for the first time in his Petition for Administrative Review although it had been available to him for two years and could have been submitted to the Rent Administrator ( 9 NYCRR 2529.6; Matter of Birdoff Co. v New York State Div. of Hous. Community Renewal, 204 A.D.2d 630; Matter of 985 Fifth Ave. v. State Div. of Hous. Community Renewal, 171 A.D.2d 572, 574-575, lv denied 78 N.Y.2d 861).
Concur — Murphy, P.J., Nardelli, Williams and Colabella, JJ.