The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 14, 15, 16, 17, 31, 33, 36, 37, 38, 39, 40 were read on this motion to/for INJUNCTION/RESTRAINING ORDER. DECISION ORDER ON MOTION Plaintiff seeks, inter alia, a temporary injunction requiring defendant to clean and remove Collyer conditions in her apartment, as well as provide plaintiff access to defendant’s apartment. Defendant opposes contending that plaintiff has not met its burden for an injunction, and that the matter, effectively seeking eviction, should be removed to Housing Court. Plaintiff, a 79 year-old, has lived in the subject apartment for approximately 45 years, and represents that she suffers physical disabilities. Although plaintiff initially sought, inter alia, the appointment of a guardian ad litem (hereinafter “GAL”), this Court was constrained to deny such relief, without prejudice to seeking same in the appropriate Court, as the instant matter was not brought in an Article 81 Guardianship Part of the Supreme Court. Defendant represents that Adult Protective Services has made a referral to bring a proceeding on her behalf in a Guardianship Part of this Court. Before bringing this action, plaintiff brought a proceeding in Housing Court seeking ejectment of plaintiff (L&T 053260-20/NY). That Housing Court action remains pending, and the Housing Court has appointed a GAL to represent defendant’s interests (id.). CPLR §325(d) provides that this Court may remove proceedings to a court of limited jurisdiction, where appropriate. Given the foregoing, the Court finds removal appropriate. Notwithstanding that plaintiff seeks various declaratory relief, the petition essentially seeks ejectment of defendant. Accordingly, removal to Housing Court is appropriate (see 3054 Godwin Terrace Realty Co. v. Armstrong, 190 AD2d 617 [1st Dept 1993]). Accordingly, it is ORDERED that this action shall be removed to the Housing Court of the City of New York, New York County pursuant to CPLR 325 (d); and it is further ORDERED that, within 30 days from entry of this order, the counsel for the plaintiff shall serve a copy of this order with notice of entry upon the Clerk of the Court, who is hereby directed to transfer the file in this action to the Housing Court of the City of New York, New York County; and it is further ORDERED that such service upon the Clerk shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the court’s website at the address www.nycourts.gov/supctmanh); and it is further ORDERED that, within 30 days from entry of this order, counsel for the plaintiff shall contact the staff of the Clerk of the Court and shall cooperate with the staff in effectuating the transfer of the file in this case to the Civil Court; and it is further ORDERED that the file in this case shall be delivered to the Civil Court if the case is a hard-copy matter and, if it is an e-filed one, shall be transferred through the New York State Courts Electronic Filing System in accordance with any applicable Administrative Order of the Chief Administrative Judge governing e-filing in the Civil Court. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION GRANTED DENIED GRANTED IN PART X OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: X INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE Dated: June 28, 2021
