IN RE EILEEN JORDAN Petitioners-res-ap, v. THE NEW YORK CITY HOUSING AUTHORITY, Respondent-Appellant-res, THE DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, res

4867. IN RE EILEEN JORDAN Petitioners-res-ap, v. THE NEW YORK CITY HOUSING AUTHORITY, Respondent-Appellant-res, THE DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, res — David Farber, New York City Housing Authority, New York (Jane E. Lippman of counsel), for appellant-res — Cohen, Weiss and Simon LLP, New York (Thomas N. Ciantra of counsel), for respondents-ap — Order and judgment (one paper), Supreme Court, New York County (Shlomo Hagler, J.), entered August 16, 2016, which, to the extent appealed from as limited by the briefs, granted the petition to direct respondent New York City Housing Authority (NYCHA) to conduct a medical examination of petitioner Eileen Jordan pursuant to Civil Service Law §71, reinstate her to her former position, and award her back pay to the extent of remitting the proceeding to NYCHA for compliance with Civil Service Law §71, dismissed the petition as against respondent Department of Citywide Administrative Services (DCAS), and denied NYCHA's cross motion to dismiss the petition as against it and request to answer the petition, unanimously affirmed, without costs.

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4867. IN RE EILEEN JORDAN Petitioners-res-ap, v. THE NEW YORK CITY HOUSING AUTHORITY, Respondent-Appellant-res, THE DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, res — David Farber, New York City Housing Authority, New York (Jane E. Lippman of counsel), for appellant-res — Cohen, Weiss and Simon LLP, New York (Thomas N. Ciantra of counsel), for respondents-ap — Order and judgment (one paper), Supreme Court, New York County (Shlomo Hagler, J.), entered August 16, 2016, which, to the extent appealed from as limited by the briefs, granted the petition to direct respondent New York City Housing Authority (NYCHA) to conduct a medical examination of petitioner Eileen Jordan pursuant to Civil Service Law §71, reinstate her to her former position, and award her back pay to the extent of remitting the proceeding to NYCHA for compliance with Civil Service Law §71, dismissed the petition as against respondent Department of Citywide Administrative Services (DCAS), and denied NYCHA’s cross motion to dismiss the petition as against it and request to answer the petition, unanimously affirmed, without costs.

Respondent DCAS is not a necessary party (see CPLR 1001[a]). It had delegated its responsibility for determining the medical fitness of employees like petitioner Jordan well before Jordan applied for reinstatement, and was not involved in NYCHA’s denial of the application; the court’s determination completely resolves the controversy between the parties (compare City of New York v. Long Is. Airports Limousine Serv. Corp., 48 NY2d 469, 475 [1979] ["to the extent that (the State Commissioner of Transportation) may choose to disregard a holding which is not binding on him, the judgment... may not produce a complete resolution of the controversy between the city and the limousine service"]).

IN RE EILEEN JORDAN Petitioners-res-ap, v. THE NEW YORK CITY HOUSING AUTHORITY, Respondent-Appellant-res, THE DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, res

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