BRITT v. NESTOR

The mere filing of luxury decontrol applications, which is expressly permitted under New York City Administrative Code § 26-504.3, is an insufficient predicate for a claim for abuse of process ( see generally Board of Educ. of Farmingdale Union Free School Dist. v. Farmingdale Classroom Teachers Assn., Local 1889, AFT AFL-CIO, 38 NY2d 397). Moreover, plaintiff failed to show how the process unlawfully interfered with his person or property ( Curiano v. Suozzi, 63 NY2d 113). As to the claim for malicious prosecution, plaintiff has failed to allege that he suffered special damages ( Campion Funeral Home v. State of New York, 166 AD2d 32, lv denied 78 NY2d 859 [1991), and, in any event, no final determination has yet been made in the underlying proceeding ( see Broughton v. State of New York, 37 NY2d 451, 459-460).

We have considered plaintiff's remaining contentions and find them without merit.