Opinion
November 14, 1989
Appeal from the Supreme Court, Bronx County (Howard R. Silver, J.).
Although the order of the respondent was not a "final" order from which review may ordinarily be taken, nevertheless the order is explicitly subject to judicial review pursuant to the provisions of the Rent Stabilization Code. ( 9 NYCRR 2529.8, 2530.1.) Further, inasmuch as petitioner challenges the authority of the respondent to reopen a prior final determination, the general rule barring judicial review does not apply. (People ex rel. Finnegan v McBride, 226 N.Y. 252; Watergate II Apts. v Buffalo Sewer Auth., 46 N.Y.2d 52.)
Concur — Ross, J.P., Carro, Asch, Kassal and Smith, JJ.