Appellate Division of the Supreme Court of the State of New York September 8, 2009 (Wheaton/TMW Fourth Avenue, LP v. New York City Department of Buildings)

In a hybrid proceeding pursuant to CPLR article 78, in effect, in the nature of mandamus to compel the New York City Department of Buildings to rescind a stop work order dated December 27, 2007, and, in effect, action for a judgment declaring the stop work order void, the New York City Department of Buildings appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.