SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK--IAS PART ___---------------------------------------------------------------------XIn the Matter of the Application of Mercedes Casado,Paul Hertgen, and New State Tenants and NeighborsCoalition, Inc.,Petitioners, INDEX NO.For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules,NOTICE OF PETITION-against-Marvin Markus, as Chair of the New York CityRent Guidelines BoardRespondents,-------------------------------------------------------------------XPLEASE TAKE NOTICE that upon the annexed petition of Mercedes Casado, Paul Hertgen andMaggie Russell-Ciardi, verified on the 8th, 11th and 8th days of September 2008, an applicationwill be made at the Motion Support Office Courtroom, Room 130, of the Supreme Court of theState of New York, County of New York, located at 60 Centre Street, New York, New York, onthe 6th day of October, 2008, at 9:30 a.m., or as soon thereafter as counsel can be heard, for a judgment pursuant to Article 78 of the Civil Practice Law and Rules (“CPLR”):1. Annulling and vacating Respondent New York City Rent Guidelines Board Order#40; and2. Awarding petitioner costs and disbursements incurred in prosecuting thisproceeding, in an amount to be determined by this Court; and3. Granting such other and further relief as this Court deems just and proper.

PLEASE TAKE FURTHER NOTICE that pursuant to C.P.L.R. § 7804 you are requiredto serve the undersigned, at least five (5) days before the return date of this petition, with averified answer.Dated: New York, New York September 15, 2008Respectfully submitted,__________________________________By: Afua Atta-MensahSTEVEN BANKS, ESQ. Attorney in Chief Scott Rosenberg, Esq. Director of Litigation-CivilJudith Goldiner, Supervising Attorney Law Reform-CivilAfua Atta-Mensah, Of CounselEllen Davidson, Of CounselTHE LEGAL AID SOCIETY199 Water StreetNew York, NY. 10038Attorney(s) for Petitioner(s)(212)577-3964JOHN C. GRAY, ESQ.Edward Josephson, Of CounselRachel Hannaford, Of CounselSOUTH BROOKLYN LEGAL SERVICES, INC.105 Court StreetBrooklyn, NY 11201Attorneys for Petitioners(718) 237-5500To: Marvin MarkusChairNew York City Rent Guidelines Board51 Chambers Street, Suite 202New York, NY 10007Corporation Counsel100 Church Street