Clark v St. James Tower, Inc. (2007 NY Slip Op 51447(U))
[*1]
Clark v St. James Tower, Inc.
2007 NY Slip Op 51447(U) [16 Misc 3d 1116(A)]
Decided on August 1, 2007
Supreme Court, Kings County
Lewis, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on August 1, 2007
Supreme Court, Kings County
Jerry Clark, Petitioner,
against
St. James Tower, Inc., Respondent.
8690-07
Plaintiff's Atty: Jerry Clark Pro se
Defendant's Atty: Schechter & Brucker
Yvonne Lewis, J.
The Petitioner herein (Jerry Clark) seeks a stay of a November 21, 2006 eviction certificate, from the New York City Department of Housing Preservation and Development (HPD), after having failed to adhere to a previous July 21, 2006 determination requiring Mr. Clark to pay all outstanding carrying charges, within 15 days of the decision date, to Respondent, herein, (St. James Tower, Inc). Mr. Clark claims that Administrative Hearing Officer, Frances Lippa's failure to credit Petitioner's complaints of Respondent's breach of warranty of habitability, or acknowledge Mr. Clark 's reason as to why he did not abide by Mr. Lippa's initial resolution was an abuse of discretion and arbitrary. By way of Article 78, filed on March 20, 2007, Mr. Clark now asks the court to annul Mr. Lippa's determination.