Landlord appeals from an order and final judgment of the Civil Court, New York County, dated March 14, 2003 which, after trial (Cyril K. Bedford, J.) dismissed the petition in a holdover summary proceeding.

PER CURIAM:

Order and final judgment dated March 14, 2003 (Cyril K. Bedford, J.) reversed, with $30 costs, and final judgment of possession granted in favor of landlord on the holdover petition.

The trial record establishes that the rent stabilized tenant, in a signed response to landlord's Code section 2523.5 notice, elected not to renew the last lease and advised that he would vacate on its expiration date. Tenant having agreed to surrender the premises, landlord was authorized in maintaining holdover proceedings after expiration of the lease without service [*2]of a predicate notice otherwise required for termination of stabilized tenancies (see, Livbros v Vanderburgh, 179 Misc 2d 736). To be distinguished is the circumstance where a tenant fails to respond to landlord's notice for renewal, yet remains in possession. In that event, the landlord must serve a 15 day notice of termination prior to commencement of eviction proceedings (see, Rent Stabilization Code § 2523.5[c][3]; § 2524.2[c][1]; § 2524.3[f]). In this case, a termination notice setting forth the ground and underlying facts for removal would have been surplusage since the proceeding is based upon the tenant's own election not to renew, which was never rescinded.

This constitutes the decision and order of the court.