Opinion
Argued October 6, 1993
Decided October 21, 1993
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Lewis R. Friedman, J.
Fischbein, Badillo, Wagner, Itzler, New York City (Clifford A. Entes and Kenneth G. Schwarz of counsel), for appellants.
O. Peter Sherwood, Corporation Counsel of New York City (Timothy J. O'Shaughnessy and Kristin M. Helmers) for Department of Housing Preservation and Development of the City of New York, respondent.
Kellner, Chehebar Deveney, New York City (Douglas A. Kellner of counsel), for Kenneth Foo, Article 7-A Administrator, respondent.
Appeal, by respondents from that portion of the Appellate Division order which reinstated the Civil Court order entered June 30, 1988, dismissed, without costs, and certified question, insofar as it pertains to that portion of the Appellate Division order, not answered upon the ground that the issues presented on that part of the appeal have become moot. Order, insofar as it reinstated the Civil Court order entered August 30, 1988, affirmed, with costs, and certified question, to the extent it pertains to that part of the Appellate Division order, answered in the affirmative, for reasons stated in so much of the Appellate Division memorandum ( 169 A.D.2d 665) as relates to the contempt against respondents.
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and LEVINE. Taking no part: Judge SMITH.