Appeal by tenant Shimon Rosenberg (1) from a final judgment of the Civil Court, Kings County (D. Thomas, J.), entered January 22, 2002, awarding landlord possession and arrears of $14,400, and (2) from a March 14, 2002 refusal of said court to sign an order to show cause.

Final judgment unanimously affirmed without costs.

Appeal from March 14, 2002 refusal to sign an order to show cause unanimously dismissed.

Appellant's appeal from the refusal of his application for an order to show cause is dismissed because no appeal lies therefrom (Matter of Allah v Scheinman, 61 NY2d 755 [1984]; M&J Trimming v Kew Mgt. Corp., 254 AD2d 21 [1998]; cf. CPLR 5704 [b]).

The final judgment is affirmed. In light of the failure of appellant to pay use and occupancy as directed by the Housing Court after he made numerous requests for adjournments [*2]and the failure of his counsel to timely move for leave to serve and file a late answer, it was not an abuse of discretion for the court to deny appellant's counsel's application at trial for leave to submit a late answer (cf. RPAPL 745 [2]). In addition, landlord made a prima facie showing that tenants were holding over after the expiration
of their tenancy. The award of use and occupancy at the rate of $1,000 per month was justified in view of the evidence showing that another two-bedroom apartment in the building rents for $1,300.
Decision Date: June 14, 2004