Island Realty Holdings, LLC v. 995 Manor Road, LLC

In a hybrid action for injunctive and declaratory relief, and, in effect, proceeding, inter alia, pursuant to CPLR article 78 in the nature of mandamus to compel the issuance of a certificate of occupancy, the New York City Department of Buildings appeals, as limited by its brief, from so much of an order and interlocutory judgment (one paper) of the Supreme Court, Richmond County (Maltese, J.), dated April 15, 2009, as denied that branch of its motion which was to dismiss the petition for failure to exhaust administrative remedies, in effect, granted the petition, and directed it to issue a…