Because Lillie R. filed her Petition for Administrative Review (PAR) more than 35 days after a rent-overcharge order issued, the New York State Division of Housing and Community Renewal found her appeal to be untimely. And on review, the New York County Supreme Court sided with the agency.
When the case got to the Appellate Division, First Department, it found that a legal holiday--Labor Day--was properly included in the 35-day countdown period because it wasn’t the actual day on which the filing deadline fell. Since she didn’t file her PAR within 35 days, Lillie’s failure to exhaust administrative remedies justified her case’s dismissal.
Think they labored over that?
To view a copy of the Appellate Division’s decision, please use this link: Matter of R. v DHCR