Marciano v. Roldan

—In a proceeding pursuant to CPLR article 78 to review a determination of the Deputy Commissioner of the New York State Division of Housing and Community Renewal, dated August 26, 1999, which upheld a determination of the district rent administrator that the tenant was entitled to treble damages for a rent overcharge, the petitioner appeals from a judgment of the Supreme Court, Kings County (Garry, J.), dated September 12, 2000, which denied the petition and dismissed the proceeding.

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