Opinion
January 29, 1991
Appeal from the Supreme Court, New York County (William J. Davis, J.).
We do not disturb the respondent's conclusion that the proceeding was timely commenced. Since its order remanding the proceeding to the District Rent Administrator for further consideration of the merits of the tenant's objection to the registered rent was not final agency action, the petition was properly dismissed. (See, Matter of 140 W. 57th St. Corp. v State Div. of Hous. Community Renewal, 130 A.D.2d 237; Rent Stabilization Code [9 N.Y.CRR] § 2530.1.)
Concur — Rosenberger, J.P., Ellerin, Wallach, Smith and Rubin, JJ.