Ponds v. New York State Division of Housing & Community Renewal

Full title: In the Matter of S. THEODARIO PONDS, Appellant, v. NEW YORK STATE DIVISION…

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

Date published: Mar 2, 1993

191 A.D.2d 153 (N.Y. App. Div. 1993)

594 N.Y.S.2d 28

Opinion

March 2, 1993

Appeal from the Supreme Court, Bronx County (Anita Florio, J.).

The IAS Court properly determined that there was a rational basis for the Commissioner's refusal to grant petitioner's request for reconsideration of the District Rent Administrator's May 26, 1989 order, granting the owner's rent restoration application and restoring all rents to their previous level prospectively based upon the owner's restoration of services, where the petitioner failed to exhaust administrative remedies by filing a timely Petition for Administrative Review and where petitioner failed to establish that the challenged order resulted from fraud, illegality or irregularity in a vital matter, the only grounds available to reopen a completed administrative proceeding (Linick v. Kev Realty Co., 147 A.D.2d 388, 391).

We have reviewed the petitioner's remaining claims and find them to be without merit.

Concur — Murphy, P.J., Carro, Ellerin and Ross, JJ.