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MATTER OF FRED AND IVAN LEIST SPECIAL R, L.L.C. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

277 A.D.2d 14 (2000)

715 N.Y.S.2d 55

In the Matter of FRED AND IVAN LEIST SPECIAL R, L. L. C., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

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

Decided November 2, 2000.

Although Supreme Court granted petitioner leave to appeal the above-described remand order to this Court (CPLR 5701 [c]), the appeal must be dismissed because petitioner is not "aggrieved" within the meaning of CPLR 5511. As Supreme Court noted in declining to address the merits of the article 78 petition, DHCR's preliminary finding that the tenant filed a complaint in June 1993 has not adversely affected petitioner because DHCR has not ruled on the merits of the rent overcharge...

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