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Matter of Plaza Realty Investors v. Aponte

Appellate Division of the Supreme Court of New York, First Department
Nov 23, 1993
198 A.D.2d 164 (N.Y. App. Div. 1993)

Opinion

November 23, 1993

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


Petitioner's argument that respondent's order raises and determines issues of service reductions not contained in the tenant's original complaint is an improper collateral attack upon the District Rent Administrator's 1987 order that should have been raised in a timely filed petition for administrative review (see, Matter of Frankel Realty Co. v New York State Div. of Hous. Community Renewal, 176 A.D.2d 617, lv denied 79 N.Y.2d 754). Nor did respondent abuse its power to impose a civil penalty under Rent Stabilization Law (Administrative Code of City of NY) § 26-516 (c) (1) by multiplying the $250 maximum penalty for a first offense by the number of violations and then again by the number of years that the violations remained outstanding (see, supra).

We have considered petitioner's other arguments and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Rubin, JJ.


Summaries of

Matter of Plaza Realty Investors v. Aponte

Appellate Division of the Supreme Court of New York, First Department
Nov 23, 1993
198 A.D.2d 164 (N.Y. App. Div. 1993)
Case details for

Matter of Plaza Realty Investors v. Aponte

Case Details

Full title:In the Matter of PLAZA REALTY INVESTORS et al., Appellants, v. ANGELO J…

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

Date published: Nov 23, 1993

Citations

198 A.D.2d 164 (N.Y. App. Div. 1993)
604 N.Y.S.2d 61

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