Estate of Weinraub v. Gabel

This is a motion pursuant to article 78 of the Civil Practice Act for an order reviewing, vacating and annulling a determination of respondent, City Rent and Rehabilitation Administrator, and cross motion by respondent to dismiss the petition.

Petitioner herein commenced the instant proceeding by notice of motion accompanied by several affidavits. No petition was served or annexed to the moving papers. Respondent seeks dismissal on the ground that failure to proceed by way of verified petition in accordance with section 7804 of the Civil Practice Law and Rules, renders the application fatally…