Commissioner of Department of Housing Preservation & Development v. 72-74 Eldert Street

OPINION OF THE COURT

Theodore Diamond, J.

After trial on September 7, 1989, for reasons stated on the record, I ruled that conditions at this building made it suitable for treatment pursuant to RPAPL article 7-A. Evidence was returned to the Department of Housing Preservation and *198Development (HPD) for safekeeping. I advised HPD of issues resulting from enactment of Laws of 1989 (ch 95).

Mortgagee’s comments about a mortgage foreclosure Referee was not persuasive (RPAPL 778 [5]; Gomez v South Williamsburg, 129 Misc 2d 542; 1981 NY Legis Ann, at 413).

At hearing on September 25, HPD presented Mr.…