DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, pet-res, v. RACHEAL OMOLE and JANET FASHAKIM, land-app

2012-2578 K C. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, pet-res, v. RACHEAL OMOLE and JANET FASHAKIM, land-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from an order of the Civil Court of the City of New York, Kings County (Kevin C. McClanahan, J.), dated September 14, 2012. The order, insofar as appealed from, granted the branch of petitioner's motion seeking additional civil penalties for landlords' failure to comply with so much of a consent order as required landlords to repair structural defects in the seventh, eighth and ninth joists in the cellar.

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2012-2578 K C. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, pet-res, v. RACHEAL OMOLE and JANET FASHAKIM, land-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from an order of the Civil Court of the City of New York, Kings County (Kevin C. McClanahan, J.), dated September 14, 2012. The order, insofar as appealed from, granted the branch of petitioner’s motion seeking additional civil penalties for landlords’ failure to comply with so much of a consent order as required landlords to repair structural defects in the seventh, eighth and ninth joists in the cellar.

ORDERED that the order, insofar as appealed from, is affirmed, without costs. In this proceeding by the Department of Housing Preservation and Development of the City of New York (HPD) for an order directing landlords to correct violations and for the imposition of civil penalties, the parties entered into a consent order requiring landlords to correct all of the listed violations by various dates. The order provided that HPD could seek additional civil penalties if landlords defaulted in complying. HPD subsequently moved for such additional penalties, alleging that certain violations had not been timely corrected. The Civil Court granted the branch of HPD’s motion seeking additional civil penalties for landlords’ failure to comply with so much of the consent order as required landlords to repair structural defects in the seventh, eighth and ninth joists in the cellar, and landlords appeal. We affirm.

DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, pet-res, v. RACHEAL OMOLE and JANET FASHAKIM, land-app

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