IN RE: Application of Barbara LONDIN (1999)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of Barbara LONDIN, Petitioner-Appellant, For a Judgment, etc., v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Respondent.

Decided: March 23, 1999

ROSENBERGER, J.P., NARDELLI, WILLIAMS and WALLACH, JJ.

Leon I. Behar, for Petitioner-Appellant. Rudolph Rosa Di Sant, for Respondent-Respondent.

Order, Supreme Court, New York County (William Wetzel, J.), entered March 6, 1998, which denied petitioner tenant's application to annul respondent DHCR's determination deregulating her apartment, unanimously affirmed, without costs.

The apartment was properly deregulated upon petitioner's failure to provide DHCR with the income verification information it had requested more than 60 days before (Administrative Code of City of N.Y. § 26-504.3[c][1], [3]; see, Matter of Nick v. DHCR, 244 A.D.2d 299, 664 N.Y.S.2d 777; Matter of Bazbaz v. DHCR, 246 A.D.2d 388, 667 N.Y.S.2d 720; Pledge v. DHCR, 257 A.D.2d 391, 393-394, 683 N.Y.S.2d 76, 78). Petitioner's excuse for such failure was not raised in the administrative proceeding and therefore may not be considered in this judicial proceeding (see, Matter of E.G.A. Assocs. v. DHCR, 232 A.D.2d 302, 648 N.Y.S.2d 589).

MEMORANDUM DECISION.

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