Citation Numbers: 53 Misc. 2d 709
Judges: Tessler
Filed Date: 5/3/1967
Status: Precedential
Modified Date: 2/5/2022
Motion by petitioner for an order 11 granting leave to reargue petitioner’s motion for an order pursuant to Section 298 of the Law against Discrimination (Executive Law, Article 15) enforcing in full an order of the Commission dated September 23, 1966 ”. (52 Misc 2d 1079.)
It is noted that petitioner’s moving affidavit takes issue with the court’s characterization of the complainant as a “ checker ” or “ tester ” (52 Misc 2d 1079, 1080) and urges that the complainant “ wants an apartment for herself ’ ’ in good faith. However, nowhere does the petitioner mention that portion of the court’s memorandum decision dated February 23, 1967 which makes reference to the previous judgment entered December 22, 1966 in Matter of Laivrence Gardens v. State Comm, for Human Rights (53 Misc 2d 20) wherein the latter landlord is directed to notify of and lease to the same complainant “ the next vacant apartment of three or more rooms at any of the * * * premises, (202-02, 202-10 or 202-18 43rd Avenue Bayside) ”.
It appears illogical and unreasonable to permit, this complainant or any other similarly situated to end up with numerous housing accommodations decreed for her use by various judgments— depending, of course, on the extent of complainant’s activities. In the court’s opinion, it is both sensible and realistic that the commission give some serious thought and consideration to what may well be a strange and illegal state of preferment.
Accordingly, and upon all of the papers before me on the instant motion for re argument, including the record of the proceedings before the commission, leave for reargument is granted and upon such reargument the judgment of September 23, 1966 is vacated and the entire proceedings are remitted to the petitioner for' consideration and the holding of a hearing after notice to the respondents.