74 A.D.2d 871 | N.Y. App. Div. | 1980
In (1) a proceeding pursuant to CPLR article 78 to review the establishment under the Emergency Tenant Protection Act (ETPA) (L 1974, ch 576, § 4) of initial legal regulated rents affecting property owned by the appellants and (2) an action to restrain alleged violations of the ETPA by the appellants, the appeals are from (1) a judgment of the Supreme Court, Rockland County, dated October 18, 1979, which dismissed the petition in the article 78 proceeding and (2) an order of the same court, also dated October 18, 1979, which denied appellants’ cross motion to dismiss the injunction action and granted plaintiff’s motion for a preliminary injunction. Judgment reversed, on the law, without costs or disbursements, the proceeding is converted into an action for a declaratory judgment, the petition is deemed the complaint and the time for respondents therein to serve an answer is extended until 20 days after service upon them of a copy of the order to be made hereon, together with notice of entry thereof. Order modified, on the law, by deleting the second decretal paragraph thereof and substituting therefor a provision granting the preliminary injunction to the following extent only: each of the defendants is directed to deposit with the