Hotel Esplanade, Inc. v. Herman

An intermediate order entered in a proceeding instituted in pursuance of article 78 of the Civil Practice Act is not appeal-able without le-ave of the court which made the order (Civ. Prac. Act, § 1304; Matter of Sunland Beverage Corp. v. Rohan, 6 A D 2d 996; 22 Carmody-Wait, New York Practice, pp. 556-557).

In the instant matter, a determination was made by the State Bent Administrator denying the petitioner’s applications for a rent increase. At no time was there a hearing thereon on the merits before the Bent Commission. Upon the article 78 proceeding brought by the petitioner to review the…