STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
d/b/a ETE COMPANY, RENT ADMINISTRATOR'S
ORDER AND OPINION TERMINATING PETITION
FOR ADMINISTRATIVE REVIEW
On September 23, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on August 19, 1987,
by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodation known as 425 East
58th Street, New York, New York, Apartment 28-H.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal
should be terminated.
On appeal, the petitioner-owner alleged that the Rent Administra-
tor's order of August 19, 1987, was issued in error, because it
determined, inter alia, that the owner had defaulted the proceed-
ings and that the factual allegations of the tenant's objection to
the 1984 apartment registration were deemed admitted; when in fact,
the owner had hand delivered a timely answer to the Division of
Housing and Community Renewal (DHCR) and the document was date
The Commissioner notes that the DHCR reopened the proceeding below,
on September 25, 1987, based on an irregularity in a vital matter
and fully acknowledged that the owner did, in fact, file a timely
response as stated by the owner on appeal.
Thereafter, an amended order was issued by the Rent Administrator
on January 27, 1988, but the record shows that the owner appealed
the original order issued by the Rent Administrator on August 19,
1987 and not the amended order issued on January 27, 1988.
The petition on appeal, therefore, clearly shows that the
petitioner has not put a specific justiciable issue before the
Commissioner thereby rendering the instant petition moot.
Accordingly, the Commissioner finds that this petition should be
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, terminated.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner