Brotherton v. State Division of Housing & Community Renewal

Leave to appeal from the non-final order of the Supreme Court, Bronx County (Anita Florio, J.), entered September 16, 1992, is granted, sua sponte, and said order, which granted the petitioners’ application pursuant to CPLR article 78 to the extent of remanding the matter to respondent for consideration of all documents including evidence submitted for the first time to the IAS Court and for a new determination within 60 days, is unanimously modified, on the law and facts, and the petition is granted solely to the extent of remanding to the respondent for a determination as to whether the…