60 East 12th Street Tenants' Ass'n v. New York State Division of Housing & Community Renewal

*589Renwick and Feinman, JJ.,

dissent in a memorandum by Feinman, J., as follows: These two joined appeals address the critical question of when an administrative determination is “final,” such that no further attack on its merits is permitted.

While I agree with the majority that these two joined matters must be remanded to the Division of Housing and Community Renewal (DHCR) for further fact-finding, I differ slightly as to the scope of the hearing upon remand. Specifically, the DHCR should not be permitted to reexamine the nature of the work characterized in the 1995 order as resurfacing,…