Opinion
October 16, 1997
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
Petitioner failed to demonstrate irreparable injury at this time in the absence of a stay so as to warrant injunctive relief. Petitioner is also incorrect in arguing that DHCR may not proceed with the demolition applications in the event the harassment determination is reinstated. Such a course is discretionary ( see, 9 NYCRR 2206.5 [a]). Finally, the authority to grant stays in an article 78 proceeding under CPLR 7805 is limited to instances where such relief is "ancillary" to the ultimate relief sought. The restraint in this case, against proceeding with the demolition applications is not ancillary to the ultimate relief sought in the underlying article 78 proceeding.
Concur — Ellerin, J.P., Williams, Andrias and Colabella, JJ.