Rent Stabilization Ass'n v. New York State Division of Housing & Community Renewal, 252 A.D.2d 111 (1998)

In its answer, respondent recognized that “this proceeding contains a challenge to Local Law 73” and requested, among other relief, that the City be joined as a necessary party. Additionally, the City moved to intervene “for the sole purpose of filing a motion to dismiss” alleging, inter alia, that the petition failed to state a cause of action. Alternatively, the City requested an order joining it as a necessary party, converting the proceeding to a declaratory judgment action, directing petitioners to serve a complaint, transferring venue to New York County and providing it with 20 days within which to answer. Thereafter, respondent cross-moved to consolidate this proceeding with a declaratory judgment action commenced against it by the City in New York County. In that action, filed the same day that the City sought to intervene in this case, the City seeks a judgment declaring that Local Law No. 73 is lawful and requests a permanent injunction compelling respondent to compute maximum base rent in accordance therewith. *115Inexplicably, petitioners were not named as parties in the New York County action. In its consolidation motion, respondent requested that venue be set in Albany County.