Corrected Order Doesn't Extend Time to Appeal

LVT Number: 6953

The DRA issued a decision on August 17, 1992. On September 2, 1992, the DRA issued an amended order to correct the docket number of the August 17 decision. The DRA specifically stated in its second order that all other parts of the decision remained unchanged. The DRA also stated that the ``issue date'' of August 17 remained ``in full force and effect'' and that September 2 was merely the mailing date of the order. Landlord appealed the DRA's decision, but failed to file its PAR within 35 days of the August 17 issue date. The DHCR dismissed landlord's PAR.

The DRA issued a decision on August 17, 1992. On September 2, 1992, the DRA issued an amended order to correct the docket number of the August 17 decision. The DRA specifically stated in its second order that all other parts of the decision remained unchanged. The DRA also stated that the ``issue date'' of August 17 remained ``in full force and effect'' and that September 2 was merely the mailing date of the order. Landlord appealed the DRA's decision, but failed to file its PAR within 35 days of the August 17 issue date. The DHCR dismissed landlord's PAR. Even though landlord filed its PAR within 35 days of the amended order, the DRA had clearly stated that the issuance date wasn't changed.

315 68th Street, Apt. B3: DHCR Adm. Rev. Dckt. No. GJ 210012RO (3/30/93) [2-page document]

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