[*1]
Lower E. Side People's Mutual: Hous. Assn. v Sanchez
2005 NYSlipOp 50893(U)
Decided on June 10, 2005
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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 10, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.


Lower East Side People's Mutual Housing Association,570284/04 Petitioner-Landlord Appellant,

against

Elsa Sanchez, Respondent-Tenant-Respondent.


Landlord appeals from an order of the Civil Court, New York County, entered on or about February 4, 2004 (Michelle D. Schreiber, J.) which, in a nonpayment summary proceeding, granted tenant's motion to stay execution of the


warrant of eviction upon payment of all rent arrears.
PER CURIAM:

Order entered on or about February 4, 2004 (Michelle D. Schreiber, J.) affirmed, without costs.

Under the particular facts and circumstances presented in this nonpayment summary proceeding, Civil Court appropriately exercised its discretion and for good cause shown conditionally stayed execution of the warrant of eviction and directed landlord to accept arrears by a date certain (see 102-116 Eighth Ave. Assocs. L.P. v Oyola, 299 AD2d 296 [2002]; [*2]Parkchester Apts. V Scott, 271 AD2d 273 [2000]). Tenant's sister (Rodriguez), an occupant of the apartment premises and the legal guardian of the infant children of the incarcerated tenant, was properly permitted to intervene and to tender the arrears so as to avoid a forfeiture of the stabilized premises. We note that the court's order did not expressly or by implication recognize any independent tenancy rights on the sister's behalf.

This constitutes the decision and order of the Court.
Decision Date: June 10, 2005