Matter of Alcoma Corp. v. New York State Div. of Hous. & Cmty. Renewal

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question not be answered as unnecessary.

Petitioner — the owner of a previously rent controlled apartment — served, by mail, a DC-2 notice on the first rent-stabilized tenant in occupancy, informing the tenant of its right to file a Fair Market Rent Appeal. When the tenant thereafter filed such an appeal, petitioner challenged it on timeliness grounds, arguing that the former Code of the Rent Stabilization Association of New York City, Inc., required that the appeal be filed…