Nelson Management Group, Ltd. v. New York State Division of Housing & Community Renewal

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered September 1, 1998, which, in a CPLR article 78 proceeding by *412petitioner receiver challenging respondent Division of Housing and Community Renewal’s award of a rent overcharge and dismissal of petitioner’s petition for administrative review (PAR) for untimeliness, granted respondent’s cross motion to dismiss the petition, unanimously affirmed, without costs.

Petitioner’s untimely filing of its PAR more than 35 days after the issuance of the overcharge order constituted a failure to exhaust administrative remedies justifying…