FILED: NEW YORK COUNTY CLERK 04/18/2019 07:48 PM INDEX NO.

154063/2019
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/18/2019

SUPREME COURT OF THE STATE OF NEW YORK

NEW YORK COUNTY

In the Matter of the Application of

Index No. _____________
MANHATTAN BOROUGH PRESIDENT
GALE A. BREWER,

Petitioner-Plaintiff,

For Judgment Pursuant to Article 78 and § 3001 and §

6301 of the Civil Practice Law and Rules

– against –

THE NEW YORK CITY HOUSING AUTHORITY;

KATHRYN GARCIA, Interim Chair and CEO; THE
CITY OF NEW YORK; and BILL DE BLASIO,
MAYOR OF THE CITY OF NEW YORK,

Respondents-Defendants.

NOTICE OF PETITION

PLEASE TAKE NOTICE, that upon the accompanying Verified Petition, and the

exhibits attached thereto; and Petitioner-Complainant’s Memorandum of Law in Support of the

Petition to be filed on May 6, 2019, Petitioner-Complainant Manhattan Borough President Gale

A. Brewer will petition and move this Court, pursuant to Article 78 of the CPLR, at the Supreme

Court of the State of New York, New York County, located at 60 Centre Street, New York, New

York, 10007, on May 30, 2019 at 10:00 a.m., or as soon thereafter as counsel may be heard for a

judgment granting the Petition and providing the following relief:

1) Declaring that the Holmes Tower Infill Development is an “essential or

significant” modification to a public housing plan, and is thus subject to

ULURP;

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2) Vacating and nullifying the resolution adopted by Respondent New York City

Housing Authority (“NYCHA”) and Respondent Kathryn Garcia on

December 19, 2018, which authorized NYCHA to enter into a 99-year lease

with Fetner Properties;

3) Declaring that the use of a Mayoral Override to circumvent ULURP is an

impermissible abuse of authority that usurps the role of the Borough

President;

4) Vacating and nullifying the determination by Respondent NYCHA and

Respondent Garcia that NYCHA is empowered to seek Mayoral Overrides in

connection with its infill projects;

5) Temporarily restraining and preliminarily enjoining any Respondent from

taking any action in further of any construction related to the Holmes Towers

Infill Development, including but not limited to permitting, conducting,

authorizing, or continuing any construction work at the development site;

6) Awarding Petitioner-Plaintiffs costs, fees, and disbursements incurred in

connection with these proceedings; and

7) Granting such other and further relief as is just and proper in the

circumstances.

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PLEASE TAKE FURTHER NOTICE that Petitioner-Complainant’s memorandum of

law shall be served no later than May 6, 2019 and that, pursuant to CPLR § 7804, any answering

papers shall be served no later than five days before the return date and any reply papers shall be

served no later than one day before the return date.

Dated: April 18, 2019

New York, New York

EMERY CELLI BRINCKERHOFF

& ABADY LLP

By: /s/
Katherine Rosenfeld
600 Fifth Avenue, 10th Floor
New York, New York 10020
(212) 763-5000

Attorney for Petitioner-Complainant

TO: Zachary W. Carter

New York City Law Department
100 Church Street
New York, NY 10007

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