Clermont Tenants Ass'n v. New York State Division of Housing
This text of 73 A.D.3d 658 (Clermont Tenants Ass'n v. New York State Division of Housing) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appeal from order (denominated decision and judgment), Supreme Court, New York County (Walter B. Tolub, J.), entered August 10, 2009, which, in a CPLR article 78 proceeding by a tenants’ association challenging respondent Division of Housing and Community Renewal’s (DHCR) award of a major capital improvement rent increase to intervenor-respondent-appellant landlord, granted DHCR’s cross motion to remand the matter to itself for further proceedings, unanimously dismissed, without costs.
No appeal lies as of right from an order in an article 78 proceeding remanding a matter to an agency for further nonministerial proceedings (CPLR 5701 [b] [1]; Matter of Leung v Department of Motor Vehs. of State of N.Y., 65 AD2d 736 [1978]), and we decline to grant leave to appeal sua sponte. Concur—Tom, J.P., Friedman, Nardelli, Acosta and Abdus-Salaam, JJ.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
73 A.D.3d 658, 900 N.Y.S.2d 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clermont-tenants-assn-v-new-york-state-division-of-housing-nyappdiv-2010.