Greater Bayside Citizens Ass'n v. Birns

In this article 78 proceeding, petitioner seeks an order directing the respondent Harold Birns “ To rescind and revoke the certificate permitting the construction and maintenance of a swim club, at premises 28-55 216th Street, Bayside, New York ” and further directing the respondent Clearview Gardens Pool Club, Inc.: “ To restrain from any

further construction of the said swim club, pursuant to said certificate of the Department of Buildings, until the determination of the within application. ’ ’

Respondent Birns, before answer, moves pursuant to section 1293 of the Civil Practice Act, to…