D'Esposito v. Gabel

Petitioner seeks an order restraining the City Rent and Rehabilitation Administrator from reducing rents in his apartment building and for a further order directing a reinspection of the premises. Respondents cross-move to dismiss the petition on the grounds that no final determination has been made as required by section 7801 of the Civil Practice Law and Rules.

At the outset it should be noted that a proceeding under article 78 under section 7801 of the Civil Practice Law and Rules, does not lie for judicial review before a determination is made or order issued by the Administrator and…