Procedure for HPD Action Governed by CPLR, Not RPAPL

HPD sued landlord and ordered landlord to correct building violations. Landlord didn't show up on the court date. After an inquest, the court fined landlord in the amount of $157,000. Landlord then asked the court to vacate the default judgment. She claimed that HPD's delivery of the court papers was defective under Real Property and Proceedings Law (RPAPL) Section 735. The court ruled against landlord. HPD actions were special proceedings governed by the Civil Proceedings Law and Regulations (CPLR), not the RPAPL. The rules for the service of court papers were the same as the rules for serving a summons and complaint. In this case, HPD's notice of petition and petition were affixed to landlord's door after personal delivery was attempted, and another copy was mailed to landlord within 20 days after that. HPD also met the CPLR time limits for completing delivery of the papers by filing a timely affidavit of service. Under the law, service was "complete" 10 days after the filing of the process server's affidavit of service. It didn't matter that the date that service was deemed completed under the law was one day after the court date.

HPD v. Li: NYLJ, 3/17/09, pg. 27, col. 3 (Civ. Ct. Kings; Heymann, J)