relieving Petitioner of the requirement to make the repairs. The motion was granted to the extent
of setting the matters raised down for a hearing, which took place on May 31, June 20, and July
13, of 2006. After the hearing, the Court concluded that Respondents had denied access on
March 23, 2006 and April 5, 2006, but did not hold Respondents in contempt. The Court set new
access dates for August 28-30, 2006.
On or about September 8, 2006, the parties entered into a stipulation to restore the
proceeding to the calendar and agreeing to the following facts: Petitioner appeared at the Subject
Premises on August 28, 2006 ready to commence work to correct the violations, but
Respondents wished to videotape the work being done, and had erected a video camera for that
purpose; and Petitioner's contractor refused to work while being videotaped; and Respondents
refused to allow the work to be performed absent the video tape; and Pursuant to a conference
call with the Court on August 29, 2006, the proceeding would be restored to the Court's calendar
on September 21, 2006, for resolution of remaining issues.
On September 21, 2006, the parties entered into a stipulation setting new access dates for the
correction of the violations issued in the 1st HP Proceeding, as well as those under a new
proceeding commenced by Respondents under Index No. 6258/06 (3rd HP Proceeding). Access
was agreed to be for October 4 through 6, 2006 and Petitioner's time to correct the violations was
extended. The stipulation did not address the issue of videotaping the repairs.HP
proceeding Index Number 6177/06 (May 2006-June 2006)
On or about May 12, 2006, Respondents commenced a second HP proceeding (2nd HP
Proceeding). The May 25, 2006 inspection resulted in one class B violation being issued for