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MATTER OF 36TH & SECOND TENANTS ASS'N v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

243 A.D.2d 321 (1997)

664 N.Y.S.2d 532

In the Matter of 36th and Second Tenants Association, Respondent, v. New York State Division of Housing and Community Renewal, Appellant, and S&M Enterprises, Intervenor-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 16, 1997

Petitioner failed to demonstrate irreparable injury at this time in the absence of a stay so as to warrant injunctive relief. Petitioner is also incorrect in arguing that DHCR may not proceed with the demolition applications in the event the harassment determination is reinstated. Such a course is discretionary (see, 9 NYCRR 2206.5 [a]). Finally, the authority to grant stays in an article 78 proceeding under CPLR 7805 is limited to instances where such relief is "ancillary...

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