5700-5800-5900 Arlington Avenue Associates v. New York State Division of Housing & Community Renewal

— Order of the Supreme Court, Bronx County (Jack Turret, J.), entered December 10, 1987, which granted petitioner-respondent’s application for a judgment pursuant to CPLR article 78 .to the extent of remanding the matter to respondent for further proceedings and denied respondent’s cross motion to dismiss the proceeding as a matter of law, unanimously reversed, on the law and the facts, the application denied, the cross motion granted and the petition is dismissed, without costs.

Our affirmance [146 AD2d 973] of IAS’s finding that petitioner had timely served its petition for administrative…