Matter of Velasquez v New York State Div. of Hous. & Community
Renewal (2015 NY Slip Op 06353)
Matter of Velasquez v New York State Div. of Hous. &
Community Renewal
2015 NY Slip Op 06353 [130 AD3d 1045]
July 29, 2015
Appellate Division, Second Department
Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 2, 2015
[*1]
In the Matter of Miriam Velasquez,
Respondent,
v
New York State Division of Housing and Community Renewal,
Respondent, and Steve Marrone et. al., Appellants.
Santo Golino, New York, N.Y., for appellants.
Altman Schochet, LLP, New York, N.Y., (Michael A. Valentine of counsel), for
petitioner-respondent.
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 January 17, 2013, which modified a determination of the Rent Administrator dated
May 26, 2010, by recalculating the legal regulated rent for the subject apartment to be
$1,200 per month, thereby reducing the rent overcharge total, and a counterclaim to
review so much of the determination dated January 17, 2013, as confirmed so much of
the determination of the Rent Administrator as imposed a penalty of treble damages for
certain months, Steve Marrone and Josephine Marrone appeal from a judgment of the
Supreme Court, Kings County (Saitta, J.), dated February 19, 2014, which granted the
tenant's petition, denied their counterclaim, annulled that portion of the determination
dated January 17, 2013, which recalculated the legal regulated rent for the subject
apartment to be $1,200 per month pursuant to Rent Stabilization Code (9 NYCRR)
§ 2522.4 (a), and remitted the matter to the New York State Division of