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

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered June 10, 2004, which denied petitioner’s application challenging respondent’s dismissal of its petition for administrative review, dated April 24, 2003, and dismissed this CPLR article 78 proceeding, unanimously affirmed, without costs.

Petitioner failed to rebut respondent’s evidence of routine mailing procedures (see Matter of Bennissim v Calogero, 19 AD3d 135 [2005]), as well as its finding that petitioner had failed to register the rent-stabilized apartment after 1998 and proceeded to willfully overcharge the tenant.…