Petitioners commenced an Article 78 proceeding to restrain respondents City of New York, the Mayor, the NYC Dep’t of Homeless Services and the Commissioner of the NYC Dep’t of Homeless Services (city) from “relocating such petitioners and other persons currently residing at the Lucerne Hotel (Lucerne) to the Radisson Hotel (Radisson).” The court denied the petition on the grounds that it lacked “jurisdiction over the subject matter” of the petition and vacated a prior temporary restraining order (TRO).

The court also denied the petition for a preliminary and a permanent injunction restraining the city from “opening the Radisson Hotel Shelter” (Radisson Shelter) as a temporary homeless shelter on the grounds that the petitioners lacked standing to challenge “the relocation of residents from the Lucerne…to the Radisson….” Thus, the Art. 78 proceeding was dismissed.