Ordered that the judgment is affirmed, with costs.
Under the circumstances of this case, the Supreme Court did not err in remitting the matter of the rent overcharge complaint to the New York State Division of Housing and Community Renewal (hereinafter the DHCR) for further consideration of the evidence, including certain leases submitted by the landlord after the DHCR made its final determination ( see Wesby v State of New York Div. of Hous. Community Renewal [Office of Rent Admin.], 20 Misc 3d 1103[A], 2008 NY Slip Op 51207[U]).
In light of our determination, we need not reach the remaining contentions of DHCR.