
    [673 NE2d 1237, 651 NYS2d 10]
    In the Matter of 317 West 145th Street Corp., Respondent, v City of New York Department of Finance et al., Appellants.
    Argued September 11, 1996;
    decided October 10, 1996
    
      APPEARANCES OF COUNSEL
    
      Paul A. Crotty, Corporation Counsel of New York City (Francis F. Caputo, Joseph I. Lauer and Elizabeth Dvorkin of counsel), for appellants.
    
      Kenneth J. Glassman, New York City, for respondent.
   OPINION OF THE COURT

Order reversed, with costs, and petition dismissed (see, Matter of ISCA Enters. v City of New York Dept. of Fin., 77 NY2d 688, rearg denied 78 NY2d 952 [1991], cert denied 503 US 906 [1992]; City of New York v Nelson, 309 NY 94, rearg denied and remittitur amended 309 NY 801 [1955], affd 352 US 103 [1956]).

Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.  