Dayton Operating Co. v. New York State Division of Housing & Community Renewal

—In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Housing and Community Renewal, dated January 27, 1995, which, inter alia, denied as untimely the petitioner’s application for a rent increase based upon the installation of major capital improvements at the subject property, the petitioner appeals from a judgment of the Supreme Court, Queens County (Milano, J.), dated November 2, 1995, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs, the petition is granted, the…