Notwithstanding that plaintiff seeks various declaratory relief, the petition essentially seeks ejectment of defendant. Given the foregoing, the Court finds removal appropriate. CPLR §325(d) provides that this Court may remove proceedings to a court of limited jurisdiction, where appropriate. That Housing Court action remains pending, and the Housing Court has appointed a GAL to represent defendant’s interests (id.). Before bringing this action, plaintiff brought a proceeding in Housing Court seeking ejectment of plaintiff (L&T 053260-20/NY). Defendant represents that Adult Protective Services has made a referral to bring a proceeding on her behalf in a Guardianship Part of this Court. Although plaintiff initially sought, inter alia, the appointment of a guardian ad litem (hereinafter “GAL”), this Court was constrained to deny such relief, without prejudice to seeking same in the appropriate Court, as the instant matter was not brought in an Article 81 Guardianship Part of the Supreme Court. Plaintiff, a 79 year-old, has lived in the subject apartment for approximately 45 years, and represents that she suffers physical disabilities. Defendant opposes contending that plaintiff has not met its burden for an injunction, and that the matter, effectively seeking eviction, should be removed to Housing Court. DECISION ORDER ON MOTION Plaintiff seeks, inter alia, a temporary injunction requiring defendant to clean and remove Collyer conditions in her apartment, as well as provide plaintiff access to defendant’s apartment. The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 14, 15, 16, 17, 31, 33, 36, 37, 38, 39, 40 were read on this motion to/for INJUNCTION/RESTRAINING ORDER.
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