Opinion
Motion No: M-3593
08-09-2019
Juan Gil and Jennifer Bonesteel, Petitioners, v. New York City Department of Housing Preservation and Development and Manhattan Plaza, L.P., Respondents.
An Article 78 proceeding to review a determination of respondent New York City Department of Housing Preservation and Development having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about August 17, 2018, and the proceeding having been perfected for the September 2019 Term of this Court, And an order of the Supreme Court, New York County, having been entered on or about September 15, 2018, granting leave to amend the petition to add the landlord, Manhattan Plaza, L.P., as a respondent, and staying the holdover proceeding Manhattan Plaza commenced against petitioners in the Civil Court, Housing Part, New York County (Index # 56847/18), pending the hearing and determination of the Article 78 proceeding, And respondent Manhattan Plaza having moved to vacate the aforementioned stay, or in the alternative, to require petitioner to make past due and ongoing payments for use and occupancy of the subject premises, as a condition of the stay, And respondent New York City Department of Housing Preservation having filed a respondent's brief on August 7, 2019, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent that respondent Manhattan Plaza may serve and file a respondent's brief in this transferred Article 78 proceeding on or before August 21, 2019. The time for petitioner to file a reply brief, if any, is extended to August 28, 2019. All of the remaining issues raised by this motion are referred for determination to the panel hearing all of the issues pertinent to the underlying transferred Article 78 proceeding. The Clerk is directed to maintain the proceeding on the Calendar for the September 2019 Term of this Court.
ENTERED: August 9, 2019
__________ CLERK
PRESENT: Hon. David Friedman,Justice Presiding,Judith J. Gische Peter Tom Troy K. Webber Ellen Gesmer,Justices
M-3593
Index No. 100419/18