Matter of Calinescu v State of N.Y. - DHCR Off. of Rent Admin.

Matter of Calinescu v State of New York - DHCR Off. of Rent Admin. 2011 NY Slip Op 04815 Decided on June 9, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 9, 2011
Gonzalez, P.J., Tom, Friedman, Catterson, Richter, JJ.
5303 260131/10 -2009

[*1]In re Nicolae Calinescu, & Petitioner-Appellant,

v

State of New York - DHCR Office of Rent Administration, Respondent-Respondent.



 
Nicolae Calinescu, appellant pro se.
Garry R. Connor, New York (Jack Kuttner of counsel), for
respondent.

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered July 30, 2010, which denied the petition seeking to annul a determination of respondent Division of Housing and Community Renewal (DHCR), dated January 15, 2010, denying petitioner tenant's petition for administrative review of the denial of his rent overcharge complaint on the basis that the owner of the building had failed to file a registration for the subject apartment, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

DHCR properly determined that petitioner's apartment was correctly registered, and thus, that there was no rent overcharge. This finding had a rational basis in the record and was not arbitrary and capricious or an abuse of discretion (see CPLR 7803[3]; Matter of Hicks v New York State Div. of Hous. & Community Renewal, 75 AD3d 127 [2010]). The records of DHCR and the owner explained the minor discrepancy in the designation of petitioner's apartment.

DHCR was not required to provide the administrative "return" to petitioner (White v Joy, 95 AD2d 757 [1983]). In any event, the return was available for petitioner's inspection (id.).

We have considered petitioner's remaining arguments and find them unavailing.

M-2009 - Calinescu v State of NY - DHCR

Motion to strike brief denied.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 9, 2011

CLERK