Opinion
13127 Index No. 159406/19 Case No. 2020-01086
02-16-2021
In the Matter of NORTHERN MANHATTAN EQUITIES, LLC, Petitioner–Appellant, v. The CIVIL COURT OF the CITY OF NEW YORK et al., Respondents–Respondents.
Rosenblum & Bianco, LLP, Rockville Centre ( Tracy William Boshart of counsel), for appellant. Eileen D. Millett, Office of Court Administration Counsel's Office, New York ( Mindy Ming–Huai Jeng of counsel), for respondents.
Rosenblum & Bianco, LLP, Rockville Centre ( Tracy William Boshart of counsel), for appellant.
Eileen D. Millett, Office of Court Administration Counsel's Office, New York ( Mindy Ming–Huai Jeng of counsel), for respondents.
Gische, J.P., Moulton, Gonza´lez, Scarpulla, JJ.
Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered December 19, 2019, which denied the petition seeking to compel respondent The Civil Court of the City of New York to sign petitioner's application for a default judgment and an ex parte warrant, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
In this article 78 proceeding, petitioner seeks to challenge a determination of respondent Civil Court, which declined to sign petitioner's application for a warrant in an action pending before that court. The Civil Court declined to sign the warrant due to petitioner's alleged failure to provide sufficient notice to its commercial tenant ( see RPAPL 711[2] ).
The Supreme Court properly denied the petition. An article 78 proceeding is not an appropriate vehicle for seeking review of issues that could be raised in an appeal ( see CPLR 7801[1] ). Even assuming that the denial of petitioner's application was not an order appealable as of right ( see 809–811 Kings Highway, LLC v. Pulse Laser Skin Care, 25 Misc.3d 130[(A)], 901 N.Y.S.2d 906 [App Term 2d Dept. 2009] ), petitioner could seek appellate review by moving to vacate or modify the order and then, if necessary, appealing from the denial of that motion to the Appellate Term ( see Civil Ct Act § 1702[a][3]; Board of Educ. of the City Sch. Dist. of the City of N.Y. v. Grullon, 117 A.D.3d 572, 573, 986 N.Y.S.2d 85 [1st Dept. 2014] ). Alternatively, petitioner may seek review from the Appellate Term by permission or application ( see Civil Ct Act § 1702[c]; CPLR 5704[b] ; see also Matter of King v. Carrion, 128 A.D.3d 461, 462, 7 N.Y.S.3d 894 [1st Dept. 2015] ; Grullon at 573, 986 N.Y.S.2d 85 ).