Tenant appeals from an order of the Civil Court, New York County, dated January 14, 2003 (Paul L. Alpert, J.) denying tenant's motion to dismiss the petition for landlord's failure to timely restore the underlying holdover summary proceeding to the trial calendar.

PER CURIAM:

Order dated January 14, 2003 (Paul L. Alpert, J.) affirmed, with $10 costs.

We find no cause to disturb Civil Court's denial of tenant's motion to dismiss the holdover petition grounded upon landlord's purported failure to timely restore the case to the trial calendar. This holdover proceeding was originally marked off the calendar pursuant to a stipulation of the parties dated August 17, 2000, pending resolution of tenant's CPLR article 78 challenge to landlord Housing Authority's administrative determination terminating tenant's tenancy on nondesirability grounds, an appeal tenant never perfected.

At the time of landlord's restoration motion, landlord demonstrated a reasonable excuse for the delay and a meritorious cause of action for eviction in the [*3]underlying holdover proceeding. No prejudice to tenant is shown since tenant was permitted to remain in the premises without risk of eviction during the period the case was off calendar. Nor is there evidence that landlord intended to abandon this proceeding.

This constitutes the decision and order of the court.