Plaintiff improperly resorted to the procedure under CPLR 3213 to "enforce" an order of DHCR, and thus, an award of attorneys' fees was inappropriate. The administrative order at issue was not an instrument for the payment of money only. A clearly delineated procedure existed (in DHCR Fact Sheet No. 16, Collecting Overcharges in Rent Stabilized Apartments in New York City) for entering a "final" order for rent overcharges as a judgment at the conclusion of judicial proceedings...
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