319 East 50th Street Associates v. New York State Division of Housing & Community Renewal

—Order and judgment (one paper), Supreme Court, New York County (Edith Miller, J.), entered June 3, 1992, which dismissed the petition brought pursuant to CPLR article 78 and upheld an order of respondent that determined the adjusted initial legal regulated rent for the subject apartment upon consideration of the tenant’s Fair Market Rent Appeal ("FMRA”), unanimously affirmed, without costs.

Petitioner’s failure to raise at the administrative proceeding the argument that the tenant, whose apartment was vacant during the period between January 1 and June 30, 1974, was ineligible to maintain a…