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580 E. 21 St. v Soliman
2004 NY Slip Op 51553(U)
Decided on December 8, 2004
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 8, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
2003-1551 K C

580 EAST 21 STREET, Respondent, -

against

MARIE SOLIMAN, Tenant, -and- ANHARE SOLIMAN, Appellant.


Appeal by tenant Anhare Soliman from an order of the Civil Court, Kings County (M. Ressos, J.), dated October 22, 2003, which granted his motion for, in effect, reargument of an order of the Civil Court, Kings County (P. Sweeney, J.), dated September 12, 2003, and, upon reargument, adhered to the prior determination insofar as it provided that he owed use and occupancy in the sum of $1,638.96.


Order unanimously reversed without costs and matter remanded to the Civil Court, Kings County (P. Sweeney, J.), for a determination de novo of tenant Anhare Soliman's motion.

Tenant's motion, denominated as one to vacate the final judgment, was in reality a motion which sought reargument of a prior order of another judge. Accordingly, the motion should have been referred to Judge Sweeney, the Judge who decided the prior motion. In view of the foregoing, the order must be reversed and the matter remanded to the Civil Court, Kings County (P. Sweeney, J.) for further proceedings consistent with this decision.
Decision Date: December 08, 2004