Rusty Realty Associates, Ltd. v. New York State Division of Housing & Community Renewal

Order and judgment (one paper), Supreme Court, New York County (Charles E. Ramos, J.), entered on or about September 29, 1988, which, inter alia, denied the cross motion of respondent-appellant New York State Division of Housing and Community Renewal to dismiss a petition brought pursuant to CPLR article 78, unanimously reversed, on the law, the cross motion granted, and the petition dismissed, without costs.

*208Respondent-appellant Division of Housing and Community Renewal (DHCR) correctly contends that the IAS court improperly denied its cross motion to dismiss the article 78 petition herein in…