Article 81 proceeding, which was anticipated to have been commenced in regards to Respondent.
The application which was referred back to Part H, and denied by the Court (Hahn,J). After the
denial of the application, the proceeding continued in Part R. The Court started the trial, and Mr.
Richard Evans was called as Petitioner's first witness. The Court indicated that it would not hear
any testimony related to the case on that date, but only take into evidence any documents
produced by Petitioner showing Petitioner had the right to proceed with the case. At least one
exhibit, a certified deed was marked into evidence.
Later on the same date, Respondent's GAL Betty Ware-Hayes moved by Order to Show
Cause to be relieved. Ms. Ware-Hayes asserted that Respondent no longer wished her to act as
his GAL, that she had a long term illness, and this proceeding was causing the GAL too much
stress. The motion was granted by the Court (Elsner J) pursuant to a written order relieving Ms.
Ware Hayes as GAL, and appointing Betty Marshall as Respondent's fourth GAL in this
proceeding. The Court set a continued trial date for October 21, 2010.
On October 21, 2010, the proceeding was marked off calendar, pursuant to a stay issued in
connection with a second Article 81 proceeding commenced before Judge Hagler under Index No
402814/10. On June 23, 2011, Judge Hagler transferred the proceeding back to Housing Court, to
Part H, the original resolution part. The transfer order provided "This court dismissed the article
81 proceeding with prejudice as petitioner failed to prove its prima facie case." Judge Hagler
issued an order on June 23, 2011 which provided:
Article 81 proceeding is dismissed with prejudice for the reasons stated on the record. All