BOUCK v. DEPARTMENT OF STATE DIVISION OF LICENSING SERVICES (2007)

 Respondent commenced an administrative proceeding against petitioners, licensed real estate appraisers, seeking revocation or suspension of petitioners' licenses and monetary penalties pursuant to Executive Law article 6-E. Supreme Court properly granted the petition seeking judgment, inter alia, dismissing the administrative complaint against petitioners based upon respondent's failure to complete the adjudicatory proceeding within 150 days or obtain an extension of that time period (see 19 NYCRR 400.13[a], [c] ).  Respondent “is bound by its own rules and regulations” (Allen v. Blum, 85 A.D.2d 228, 236, 448 N.Y.S.2d 163, affd. 58 N.Y.2d 954, 460 N.Y.S.2d 520, 447 N.E.2d 68), including its procedural rules (see Matter of Schumate v. Hammock, 85 A.D.2d 640, 445 N.Y.S.2d 14, lv. denied 56 N.Y.2d 501, 449 N.Y.S.2d 1029, 435 N.E.2d 406).   The record establishes that respondent did not comply with the time limitations set forth in the regulation and petitioners did not consent to such noncompliance.   Contrary to the contention of respondent, it was required to complete the hearing within a specific, mandatory time frame under the regulation, and thus we have no occasion to consider whether the hearing could have been completed “within reasonable time” (State Administrative Procedure Act § 301[1];  cf. Matter of Cortlandt Nursing Home v. Axelrod, 66 N.Y.2d 169, 177, 495 N.Y.S.2d 927, 486 N.E.2d 785, rearg. denied 66 N.Y.2d 1035, 499 N.Y.S.2d 1030, 489 N.E.2d 1304, cert. denied 476 U.S. 1115, 106 S.Ct. 1971, 90 L.Ed.2d 655).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: