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Broadway Bretton Inc. v. Doe

Appeal From ERAP Application Denial Does Not Relieve Party From Statutory Deadlines

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Recitation, as required by CPLR 2219 (a) of the papers considered in review of this motion by NYSCEF Doc Nos: 4, 5, 14-18. DECISION/ORDER PROCEDURAL POSTURE AND BACKGROUND This is a nonpayment proceeding commenced by Broadway Bretton, Inc. (“petitioner”) in August 2022 against respondent, a rent stabilized tenant.1 Respondent appeared by counsel on December 16, 2023. (NYSCEF Doc No. 5, notice of appearance.) Pursuant to a briefing schedule ordered by the court on December 21, 2022, respondent timely filed an amended answer on January 13, 2023. (NYSCEF Doc No. 13. briefing order; NYSCEF Doc No. 14, amended answer.) Respondent’s intended motion for leave to conduct discovery was due to be filed and served by February 5, 2023. Six days prior to the deadline, on January 30, 2023, respondent provided notice that an appeal had been filed pending the denial of her Emergency Rental Arrears Program (“ERAP”) application. (NYSCEF Doc No. 15.) This had the effect of staying the proceeding until such time as the Office of Temporary and Disability Assistance (“OTDA”) rendered a decision on her appeal. (See Admin Order of Chief Admin Judge of Cts AO 34/22 5; L 2021, ch 56, part BB, subpart A, §8, as amended by L 2021, ch 417, part A, §4.) No motion was ever filed. The appeal was denied on April 25, 2023. On May 17, 2023, petitioner moved to restore the proceeding to the trial calendar and to vacate the ERAP stay. (NYSCEF Doc No. 16, notice of motion [sequence 1].) The motion was served via NYSCEF and made returnable the next day. Respondent did no oppose the vacatur of the stay, but sought to have the court order another briefing schedule regarding an objection to personal jurisdiction (regarding her defense that the affidavit of service was not timely filed pursuant to RPAPL 735 [2][b]), and discovery (regarding her affirmative defenses and counterclaims related to fraudulent overcharge). (NYSCEF Doc No. 14, amended answer

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