
    Paul Bogoni et al., Appellants, v Daniel W. Joy, as Commissioner of the New York City Department of Rent and Housing Maintenance, Respondent, and Allen H. Brill, Intervenor-Respondent.
   — Order and judgment (one paper), Supreme Court, New York County, entered on March 30, 1978, unanimously affirmed, without costs and without disbursements. Concur — Murphy, P. J., Lupiano, Evans and Fein, JJ.

Silverman, J.,

concurs in a memorandum as follows: This proceeding has been dismissed because the notice of petition was served by certified mail rather than "in the same manner as a summons in an action.” (CPLR 403, subd [c].) Respondent, Commissioner of the New York City Department of Rent and Housing Maintenance, was within his legal rights in raising this point. It does seem inappropriate for a public agency to raise this technical point when the agency has actually received the process and actually transmitted it to its attorney in time to respond.  