425 3rd Avenue Realty Co. v. New York State Division of Housing & Community Renewal

*333Order, Supreme Court, New York County (Marcy S. Friedman, J.) entered March 29, 2005, which denied the petition to annul the decision of the respondent agency finding a rent overcharge and imposing treble damages, and dismissed the proceeding, unanimously affirmed, without costs.

Inasmuch as respondent’s files contained no 2002 annual registration statement for the subject apartment and the owner failed to adduce evidence that the 2002 registration statement was, in fact, filed, it was entirely proper to freeze the legal rent at the amount on April 1, 2002, the effective date for the 2002…