IN THE MATTER OF DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, RESPONDENT, v. MILL RIVER REALTY, INC., ET AL., RESPONDENTS, 352 CATHEDRAL EQUITIES, INC. ET AL., APPELLANTS, KENNETH FOO, ADMINISTRATOR-RESPONDENT.

82 N.Y.2d 794, 624 N.E.2d 690, 604 N.Y.S.2d 552 (1993).
October 21, 1993

Clifford A. Entes, for Appellants.
Timothy J. O'Shaughnessy, for Respondent Department.
Douglas A. Kellner, for Respondent Foo.

Appeal by respondents from that portion of the Appellate Division order which reinstated the Civil Court order entered June 30, 1988, dismissed, without costs, and certified question, insofar as it pertains to that portion of the Appellate Division order, not answered upon the ground that the issues presented on that part of the appeal have become moot. Order, insofar as it reinstated the Civil Court order entered August 30, 1988, affirmed, with costs, and certified question, to the extent it pertains to that part of the Appellate Division order, answered in the affirmative, for reasons stated in so much of the Appellate Division memorandum (169 AD2d 655) as relates to the contempt against respondents. Chief Judge Kaye and Judges Simons, Titone, Hancock, Bellacosa and Levine concur. Judge Smith took no part.