330 E. 39th St. LLC v Chereb, Rose it is Ordered that said application, pursuant to CPLR § 5704(b), is granted to extent of vacating denial of petitioner-landlord's application for a default judgment issued by Hon. Michelle Schreiber on Mar. 9, 2016, & directing Clerk of Civ. Ct. of City of New York, County of N. Y. to enter a default judgment of possession in favor of petitioner-landlord & against respondent herein. It is further Ordered that Clerk of Civ. Ct. is to issue, forthwith a warrant of eviction in favor of petitioner-landlord & against respondent-tenant

330 E. 39th St. LLC v Chereb, Rose
Motion No: 570206/16
Slip Opinion No: 2016 NY Slip Op 68999(U)
Decided on March 31, 2016
Appellate Term, First Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.

March 31, 2016

It is Ordered that said application, pursuant to CPLR § 5704(b), is granted to extent of vacating denial of petitioner-landlord's application for a default judgment issued by Hon. Michelle Schreiber on Mar. 9, 2016, & directing Clerk of Civ. Ct. of City of New York, County of N. Y. to enter a default judgment of possession in favor of petitioner-landlord & against respondent herein. It is further Ordered that Clerk of Civ. Ct. is to issue, forthwith a warrant of eviction in favor of petitioner-landlord & against respondent-tenant

It is furthered Ordered that petitioner's attorney shall affirmatively advise the Marshall as to the need for APS to be notified, and petitioner or its agent shall also notify APS, as it has represented to the court that petitioner shall do so ( see Gruber Affirm, Par. 8; Exhibit F, Busacco Affidavit, Par. 5).

By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Motion No. 570206/16