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MATTER OF DUKULY v. APONTE

204 A.D.2d 189 (1994)

612 N.Y.S.2d 126

In the Matter of Lysander Dukuly, Sr., Respondent, v. Angelo Aponte, as Commissioner of The New York State Division of Housing and Community Renewal, et al., Respondents, and Starrett City Inc., Appellant

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

May 19, 1994

Although the order on appeal was a nonfinal order in an article 78 proceeding not appealable as of right (CPLR 5701 [b] [1]), the remand of this matter aggrieves respondent Starrett City, and we accordingly hereby grant leave to appeal sua sponte (see, Nemeroff Realty Corp. v Kerr, 38 A.D.2d 437, 440, affd 32 N.Y.2d 873). Starrett's appellate contention that the IAS Court was without...

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