Schoenstein v. McGoldrick

This appeal is by a landlord (the intervener, respondent) from an order of the Special Term in a proceeding under article 78 of the Civil Practice Act which, on application of the respondent State Bent Administrator and with the consent of the petitioners (the tenants), remitted the proceeding to the Administrator for further consideration and review. The landlord, intervener, contends in effect that the court was without power to remit the proceedings until (1) issue had been joined by answer of the State Bent Administrator and the filing; of the transcript of the proceedings before him, and…