Mountbatten Equities, Inc. v. New York State Division of Housing & Community Renewal

OPINION OF THE COURT

Edward H. Lehner, J.

In these two unrelated proceedings, the identical threshold legal issue is presented, to wit: whether a remand of a petition for administrative review (PAR) is a "final order” which may be reviewed pursuant to CPLR article 78.

In the Mountbatten Equities proceeding the District Rent *88Administrator permitted the owner of 421 Hudson Street to collect a rent increase from the rent-stabilized tenants of the building based on the institution of full-time doorman service. On appeal the Commissioner directed a remand to the Rent Administrator to determine both…