Matter of Clermont Tenants Assn. v New York State Div. of Hous. & Community Renewal

Matter of Clermont Tenants Assn. v New York State Div. of Hous. & Community Renewal 2010 NY Slip Op 04511 [73 AD3d 658] May 27, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 30, 2010

In the Matter of Clermont Tenants Association et al., Respondents,
v
New York State Division of Housing and Community Renewal, Respondent, and Clermont York Associates, Intervenor-Appellant.

—[*1] Horing Welikson & Rosen, P.C., Williston Park (Niles C. Welikson of counsel), for appellant.

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 New York State Division of Housing and Community Renewal, respondent.

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.

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