Unger v. Joy

In a proceeding pursuant to CPLR article 78 to review an order of the respondent which determined that a certain apartment was not subject to control, the petitioner appeals from so much of a judgment of the Supreme Court, Kings County, dated November 3, 1978, as dismissed the petition. The appeal also brings up for review that portion of the judgment as denied respondent’s motion to dismiss the petition as time barred (see Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482, 488). Judgment reversed, without costs or disbursements, and proceeding remitted to Special Term for further…