[*1]
Tri-Faith Hous. Co., Inc. v Fitzgerald
2004 NY Slip Op 50901(U)
Decided on August 4, 2004
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on August 4, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. PHYLLIS GANGEL-JACOB, Justices.
570131/03

TRI-FAITH HOUSING COMPANY, INC., Petitioner-Landlord-Respondent,

against

JOHN FITZGERALD, Respondent-Tenant-Appellant.


Tenant appeals from a final judgment of possession of the Civil Court, New York County, entered November 13, 2002 (Michelle D. Schreiber, J.) upon an order granting landlord's motion for judgment in a holdover summary proceeding.


PER CURIAM:

Final judgment entered November 13, 2002 (Michelle D. Schreiber, J.) affirmed, without costs.

Tenant is not entitled to a further stay in this proceeding. In affirming the dismissal of tenant's article 78 petition to annul the certificate of eviction issued by DHPD, the Appellate Division expressly found that tenant's course of conduct "constituted a nuisance warranting eviction", and that a 10 day cure period was unavailable because RPAPL 753(4) "does not apply to administrative proceedings" (Matter of Fitzgerald v New York City Dept. of Hous. Preser. & Dev., 1 AD3d 285, 286).

Tenant's arguments addressed to personal jurisdiction were waived since, subsequent to the order overruling the traverse, he stipulated to landlord's prima facie case and withdrew his answer, subject only to the outcome in the article 78 proceeding. [*2]

This constitutes the decision and order of the court.