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.