MIRIAM VELASQUEZ, PETITIONER- res, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, res-res, STEVE MARRONE, ET. AL., ap

MATTER OF MIRIAM VELASQUEZ, PETITIONER- res, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, res-res, STEVE MARRONE, ET. AL., ap — (INDEX NO. 4935/13)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 Housing and Community Renewal for a new calculation of the legal regulated rent pursuant to Rent Stabilization Code (9 NYCRR) §2522.4(a).

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MATTER OF MIRIAM VELASQUEZ, PETITIONER- res, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, res-res, STEVE MARRONE, ET. AL., ap — (INDEX NO. 4935/13)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 Housing and Community Renewal for a new calculation of the legal regulated rent pursuant to Rent Stabilization Code (9 NYCRR) §2522.4(a).

ORDERED that the judgment is affirmed, with costs to the petitioner.

MIRIAM VELASQUEZ, PETITIONER- res, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, res-res, STEVE MARRONE, ET. AL., ap

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