[*1]
New York City Hous. Auth. (Drew Hamilton Houses) v Johnson
2004 NY Slip Op 51014(U)
Decided on September 2, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 2, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570254/04

NEW YORK CITY HOUSING AUTHORITY (DREW HAMILTON HOUSES), Petitioner-Landlord-Appellant, 04-201

against

JOELLE JOHNSON, MONET JOHNSON, JOHN DOE & JANE DOE, 200 West 143rd Street, Apt. 19B, New York, NY 10030, Respondents-Respondents.


Landlord appeals from an order of the Civil Court, New York County, dated March 12, 2003 (Paul L. Alpert, J.) which, on the court's own motion, dismissed the petition in a holdover summary proceeding.


PER CURIAM:

Order dated March 12, 2003 (Paul L. Alpert, J.) reversed, without costs, the petition is reinstated, and the matter is remanded to the Civil Court for trial.

Civil Court erred when, on its own motion, it dismissed the Housing Authority's licensee petition after opening colloquy, without taking sworn testimony or receiving evidence in admissible form. The requirement of a trial in a summary proceeding (RPAPL § 745[1]) is not met by the informal procedure utilized below (see Gelrod v Levine, 24 AD2d 756). Inasmuch as the matter must be remanded for trial and given the inadequacy of the record, it is unnecessary to reach the merits at this time. [*2]

This constitutes the decision and order of the court.