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78 N.Y.2d 755

Citation
78 N.Y.2d 755
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed
Effective Date
1991-10-15

Full Text

983 chars
While these preliminary matters were sub judice, DHCR was conducting a related investigation into the tenants’ charges of landlord harassment (see, Administrative Code § 26-413 [b] [2]; § 26-412 [d]; § 26-516 [c]; see also, 9 NYCRR 2526.2 [c] [2]; id., part 2206). To forestall administrative disposition of these charges, plaintiff moved within the declaratory judgment action for an order staying the agency’s harassment proceeding. Plaintiff also commenced a separate CPLR article 78 proceeding against DHCR by order to show cause, seeking similar relief. The trial court granted the stay and also signed the order to show cause, which included an interim stay of the harassment proceeding. The court based its determination on its conclusion that the issues in the administrative harassment proceeding were factually related to those in the declaratory judgment action and that the waste of resources, coupled with the risk of inconsistent results, warranted the interim relief.