From Casetext: Smarter Legal Research

In re Clermont Tenants

Appellate Division of the Supreme Court of New York, First Department
May 27, 2010
73 A.D.3d 658 (N.Y. App. Div. 2010)

Opinion

No. 2893.

May 27, 2010.

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.

Himmelstein, McConnell, Gribben, Donoghue Joseph, New York (David S. Hershey-Webb of counsel), for Clermont Tenants Association and Michael Kaye, respondents.

Gary R. Connor, New York (Jack Kuttner of counsel), for NYSDHCR respondent.

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


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), and we decline to grant leave to appeal sua sponte.


Summaries of

In re Clermont Tenants

Appellate Division of the Supreme Court of New York, First Department
May 27, 2010
73 A.D.3d 658 (N.Y. App. Div. 2010)
Case details for

In re Clermont Tenants

Case Details

Full title:In the Matter of CLERMONT TENANTS ASSOCIATION et al., Respondents, v NEW…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 27, 2010

Citations

73 A.D.3d 658 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 4511
900 N.Y.S.2d 869

Citing Cases

Sanchez v. Bronx Cnty. Dist. Attorney's Office

Appeal from order, Supreme Court, Bronx County (Wilma Guzman, J.), entered March 20, 2014, which, to the…

Quagliata v. N.Y. City Police Dept.

The court notes that, inasmuch as the matter is being remitted to the decision-making agency for a new…