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MOUNTBATTEN EQUITIES v. DHCR

140 Misc.2d 87 (1988)

In the Matter of Mountbatten Equities, Inc., Petitioner, v. New York State Division of Housing and Community Renewal et al., Respondents. In the Matter of Eugene Schneck et al., Petitioners, v. New York State Division of Housing and Community Renewal et al., Respondents.

Supreme Court, New York County.

June 20, 1988

Attorney(s) appearing for the Case

Rosenberg & Estis for Mountbatten Equities, Inc., petitioner. Smollens & Guralnick for Eugene Schneck and others, petitioners. Dennis Hasker for New York State Division of Housing and Community Renewal, respondent. Rosenberg & Estis for Simon's Hardware, Inc., intervenor-respondent.

EDWARD H. LEHNER, J.

In these two unrelated proceedings, the identical threshold legal issue is presented, to wit: whether a remand of a petition for administrative review (PAR) is a "final order" which may be reviewed pursuant to CPLR article 78.

In the Mountbatten Equities proceeding the District Rent Administrator permitted the owner of 421 Hudson Street to collect a rent increase from the...

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