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Clermont Tenants Association v. New York State Division of Housing and Community Renewal

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 27, 2010

IN RE CLERMONT TENANTS ASSOCIATION, ET AL., PETITIONERS-RESPONDENTS,
v.
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, RESPONDENT-RESPONDENT, CLERMONT YORK ASSOCIATES, INTERVENOR-RESPONDENT-APPELLANT.

Appeal from order (denominated decision and judgment), Supreme Court, New York County (Walter B. Tolub, J.), entered August 10, 2009, which, in an article 78 proceeding by a tenants' association challenging respondent DHCR's 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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J. P., Friedman, Nardelli, Acosta, Abdus-Salaam, JJ.

100734/09

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.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100527

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