MATTER OF BARKLEE REALTY CO. v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL


135 A.D.2d 442 (1987)

In the Matter of Barklee Realty Company, Appellant, v. New York State Division of Housing and Community Renewal, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 15, 1987


The petition seeks judicial review of a "deemed denial" by the administrative agency, respondent Division of Housing and Community Renewal. The motion court properly found that the relief requested was in the nature of mandamus and that such review should await disposition of petitioner's application for administrative review, which was still pending. Thus, the court properly dismissed the petition. Subsequent to the entry of the order and judgment, however, on November 5...

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