Lydon v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York

Lydon v. New York State Division of Housing & Community Renewal

158 A.D.2d 291, 550 N.Y.S.2d 698, 1990 N.Y. App. Div. LEXIS 1069

Appellate Division of the Supreme Court of the State of New York·Decided February 6, 1990·Published·Cited by 1 cases

Opinion

This court is cognizant that it will be a lengthy and costly process to transcribe the record of the 31-day hearing, as a [292]*292result of which petitioners landlords were found liable for the intentional harassment of tenants. However, CPLR 7804 (e) requires, in pertinent part, that respondents “shall file with the answer a certified transcript of the record of the proceedings under consideration, unless such a transcript has already been filed with the clerk of the court”, and there is no authority pursuant to which this mandate may be conditioned upon the posting of an undertaking by petitioners.

Respondents will, of course, be entitled to reimbursement upon prevailing in the CPLR article 78 proceeding. (See, Equity Invs. v Joy, 58 AD2d 539, lv denied 43 NY2d 642; CPLR 8301.) Concur—Murphy, P. J., Sullivan, Carro, Kassal and Wallach, JJ.

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This court is cognizant that it will be a lengthy and costly process to transcribe the record of the 31-day hearing, as a [292]*292result of which petitioners landlords were found liable for the intentional harassment of tenants. However, CPLR 7804 (e) requires, in pertinent part, that respondents “shall file with the answer a certified transcript of the record of the proceedings under consideration, unless such a transcript has already been filed with the clerk of the court”, and there is no authority pursuant to which this mandate may be conditioned upon the posting of an undertaking by petitioners.

Respondents will, of course, be entitled to reimbursement upon prevailing in the CPLR article 78 proceeding. (See, Equity Invs. v Joy, 58 AD2d 539, lv denied 43 NY2d 642; CPLR 8301.) Concur—Murphy, P. J., Sullivan, Carro, Kassal and Wallach, JJ.

Lydon v. New York State Division of Housing & Community Renewal, 158 A.D.2d 291, 550 N.Y.S.2d 698, 1990 N.Y. App. Div. LEXIS 1069 (N.Y. Ct. App. 1990).

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158 A.D.2d 291 (Lydon v. New York State Division of Housing & Community Renewal) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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