Appeal by tenant Tonya Mercado from a final judgment of the Justice Court, Village of Mamaroneck, Westchester County (R. Lanza, J.), entered December 30, 2003, awarding landlord possession.

Final judgment unanimously reversed without costs, warrant vacated and matter remanded to the court below for all further proceedings.

In this holdover proceeding, the parties, in lieu of trial, entered into a stipulation in court wherein they waived any and all defenses, consented to the court's jurisdiction
and agreed that DHCR's determination of landlord's petition for administrative review would be definitive on the issue of tenant's right to a renewal lease. However, DHCR held that inasmuch as such a finding would require a factual determination, resolution of said issue should be determined in the instant summary proceeding. Since there was no resolution by DHCR of the issue contemplated in the stipulation, the matter should proceed through the court for resolution. Finally, we note that the record does not contain the copy of the 15-day notice required by section 2504.3 (c) (1) of the Emergency Tenant Protection Regulation to evict the tenant herein.
Decision Date: November 01, 2004