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Posted by Does this stink? on April 03, 1999 at 10:46:42:

I had a hearing re: non-payment petition/the LL's attorney who told me to drop dead did not show up [since that issue of his conduct was part of my answer to Clerk of Housing Court], but someone from same law offices.
We went into "a standup conference" where I repeated the motion in my answer to have case for eviction dismissed due to pending bankruptcy that prohibits action to recover possession.
LL's different attorney stated something about applicability of automatic stay prohibition for pre-petition bankruptcy vs. post-petition ... and that LL could go ahead and make demand for rent since rents fell due after.
We then waited to be heard in front of Judge Malatszky
ALL OF A SUDDEN we were all told to evacuate 111 Centre since there was a strange smell in the air!
Three hours later we were let back into the 8th Floor - a terribly long delay.
LL's attorney immediately stated that he wanted to go trial - so I nodded my head thinking he meant being heard today in front of the judge/instead a court personnel asked about a future date in April, approx 3 weeks ahead.
after all the delay and nervousness waiting, I succumbed and agreed.
A booklet was given to me about going to trial ... and how to prepare.
Interesting that I can subpoena documents from DHCR and the landlord >
it's a complicated case based on a reversal of an Order Finding Rent Overcharge - can I challenge the PAR that revoked the overcharges in this forum?
I missed the 60-day deadline for an Article 78 proceeding, asked DHCR to review Commissioner's "wrong decision" based on non-time limited issues of fraud and evasion of RSL laws but have no acknowledgement they received my request for further review [sent back in January] . . .
This is wearing me out, but case has to be constructed for trial . . .

Follow Ups:

• Re: evacuation was in the papers... Anna 4/07/99 (1)
  • Re: evacuation was in the papers... satori 4/08/99 (0)

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Comments:
: I had a hearing re: non-payment petition/the LL's attorney who told me to drop dead did not show up [since that issue of his conduct was part of my answer to Clerk of Housing Court], but someone from same law offices.
: We went into "a standup conference" where I repeated the motion in my answer to have case for eviction dismissed due to pending bankruptcy that prohibits action to recover possession.
: LL's different attorney stated something about applicability of automatic stay prohibition for pre-petition bankruptcy vs. post-petition ... and that LL could go ahead and make demand for rent since rents fell due after.
: We then waited to be heard in front of Judge Malatszky
: ALL OF A SUDDEN we were all told to evacuate 111 Centre since there was a strange smell in the air!
: Three hours later we were let back into the 8th Floor - a terribly long delay.
: LL's attorney immediately stated that he wanted to go trial - so I nodded my head thinking he meant being heard today in front of the judge/instead a court personnel asked about a future date in April, approx 3 weeks ahead.
: after all the delay and nervousness waiting, I succumbed and agreed.
: A booklet was given to me about going to trial ... and how to prepare.
: Interesting that I can subpoena documents from DHCR and the landlord >
: it's a complicated case based on a reversal of an Order Finding Rent Overcharge - can I challenge the PAR that revoked the overcharges in this forum?
: I missed the 60-day deadline for an Article 78 proceeding, asked DHCR to review Commissioner's "wrong decision" based on non-time limited issues of fraud and evasion of RSL laws but have no acknowledgement they received my request for further review [sent back in January] . . .
: This is wearing me out, but case has to be constructed for trial . . .


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