Spedicato v. New York State Division of Housing & Community Renewal

—Order, Supreme Court, New York County (Emily Goodman, J.), entered May 4, 1998, which, in a proceeding by petitioner tenant to annul respondent Division of Housing and Community Renewal’s (DHCR) determination that his fair market rent appeal application was not timely instituted, denied respondent-appellant landlord’s motion to restore the proceeding to the calendar for a final determination on the merits, unanimously affirmed, without costs.

The motion to restore was properly denied, the IAS Court *234clarifying that its prior order entered October 4, 1996 (see, 241 AD2d 343) was in fact a final…