IN RE: Application of Eric VAHAB (1998)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of Eric VAHAB, Petitioner-Respondent, For a Judgment, etc., v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Respondent, Rose Associates, Intervenor-Appellant.

Decided: October 01, 1998

Before ROSENBERGER, J.P., and ELLERIN, WALLACH and ANDRIAS, JJ.

Carl Eckstein, for respondent-respondent. Jeffrey R. Metz, for intervenor-appellant.

Judgment, Supreme Court, New York County (Louise Gruner Gans, J.), entered June 25, 1997, which granted petitioner tenant's application to annul respondent Division of Housing and Community Renewal's (DHCR) order of deregulation issued pursuant to the default procedure of Rent Stabilization Law of 1969 (Administrative Code of City of N.Y.) § 26-504.3(c), and remanded to DHCR “for further proceedings not inconsistent with this decision”, unanimously reversed, on the law, without costs, and the judgment vacated.

The judgment should be vacated as not susceptible to implementation due to the departure from the apartment and relocation abroad of the tenant and his family (see, Matter of Alvarez v. DHCR, 252 A.D.2d 359, 675 N.Y.S.2d 538 [1998], 1998 N.Y.App.Div. LEXIS 7937).

MEMORANDUM DECISION.

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