Landlord appeals from an order of the Civil Court of the City of New York, New York County (Louis Villella, J.), dated April 25, 2007, which denied its motion for summary judgment, and upon a search of the record, awarded summary judgment to tenant dismissing the petition in a holdover summary proceeding.

Per Curiam.

Order (Louis Villella, J.), dated April 27, 2007, affirmed, with $10 costs. Inasmuch as landlord's possessory claim is grounded upon whether the apartment at issue was regulated, and not directly related to the calculation of a rent overcharge, Civil Court properly concluded that consideration of events beyond the four-year period prior to the commencement of this proceeding is permissible (see East W. Renovating Co. v. DHCR, 16 AD3d 166 [2005]). The holdover petition was properly dismissed, there being no showing that the subject apartment was properly deregulated pursuant to Rent Stabilization Code [9 NYCRR] § 2520.11(r)(4), in light of landlord's failure to file rent registration statements for more than a decade (see Yorkroad Assoc. v New York State Div. of Hous. & Community Renewal, 19 AD3d 217 [2005]),or to establish the four-year vacancy which purportedly justified the approximate 300% rent increase.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 07, 2008