Merber v. Urstadt

Determination, dated October 26, 1972, unanimously annulled on the law, without costs or disbursements, and matter remanded to the respondent Commissioner of Housing and Community Renewal of the State of New York for reconsideration in accordance with the views expressed herein. Patently, this proceeding should have been disposed of at Special Term, but this court may now consider and determine it on the merits (CPLR 7804, subd. [g]; Matter of 125 Bar Corp. y. State Liq. Auth., 24 N Y 2d 174, 180; Matter of Circle Cts. v. Lane, 29 A D 2d 620). This is an article 78 proceeding in which…