Proposed Order by jjs207uy

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									In the Matter of the Application of TED TYLER, CAROL ASCHER AND ROBERT PITTENGER


                                                 Order


    NEW YORK CITY
    LOFT BOARD

                                                          Loft Board Order No. 3033
    In the Matter of the Application of
                                                          Docket No. LI-0032/TH-0176/
                                                                     LN-0024
    TED TYLER, CAROL ASCHER
    AND ROBERT PITTENGER                                  RE: 158 West 23rd Street
                                                              New York, New York

                                                          IMD No. 10094


ORDER

       On February 24, 2005, Ted Tyler, the occupant of the sixth floor unit, and Carol
Ascher and Robert Pittenger, the occupants of the fifth floor unit, (“Tenants”) at 158
West 23rd Street, New York, New York, jointly filed the instant application seeking
findings of unreasonable interference and harassment against the owner, 158 West 23
LLC (“Owner”). The two causes of action were separated and docketed as LI-0032 and
TH-0176 respectively. The Owner answered the unreasonable interference application
on April 20, 2005 and answered the harassment application on June 3, 20051.

        On May 3, 2005, the Owner filed an application seeking a finding that Ted Tyler
cannot use his loft as a commercial enterprise under the zoning laws, which was docketed
as LN-0024.2 In the alternative, the Owner sought an order limiting the commercial
activity to 49% of the loft’s use. On June 2, 2005, the Tenants filed an answer.

        The cases were then consolidated and referred to the Office of Administrative
Trials and Hearings for adjudication. On January 30, 2006, the parties executed separate
settlement agreements for each unit. In both stipulations of settlement, the Tenants
agreed to withdraw the unreasonable interference and harassment applications against the
owner. Additionally, in the settlement agreement with Ted Tyler, the Owner agreed to
withdraw its application related to the commercial use of the sixth floor unit.



1
    The harassment application was re-served on May 17, 2005.
2
    This case was originally erroneously docketed as LI-0033.
        Based on the foregoing, the harassment and unreasonable interference
applications are deemed withdrawn without prejudice. The Loft Board neither accepts
nor rejects the remaining terms of either stipulation. The Owner’s application related to
the use of the sixth floor unit is also deemed withdrawn, but with prejudice, because it
seeks relief beyond the authority of the Loft Board to grant.



DATED: April 20, 2006

                                                           Marc Rauch
                                                           Chairperson


DATE LOFT ORDER MAILED:


Members Concurring:          Chairperson Rauch, Barowitz, Bolden-Rivera, Delaney, St.
                             Pierre, Lusskin, Jaffe, Orrantia (8)

								
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