[*1]
Becker v Moskowitz
2008 NY Slip Op 50818(U) [19 Misc 3d 137(A)]
Decided on April 23, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 23, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ
570376/07.

Ricky Becker and Karen Mantler, Petitioners-Tenants-Respondents,

against

Herbert Moskowitz and Arthur Morse, d/b/a/ Only Realty Company, Respondent-Landlord-Appellant, -and- NYC Department of Housing Preservation and Development, Co-respondent.


Respondent-landlord appeals from an order of the Civil Court of the City of New York, New York County (Gilbert Badillo, J.), entered on June 7, 2007, which denied its motion for an extension of a specified compliance deadline in a Housing Part enforcement proceeding.


Per Curiam.

Order (Gilbert Badillo, J.), entered on June 7, 2007, affirmed, with $10 costs.

We find no cause to disturb the court's discretionary determination to deny landlord's eleventh-hour application for a further extension of the deadline specified in the parties' so-ordered stipulation settling the underlying Housing Part enforcement proceeding. We note that landlord's failure to comply with the stipulation's terms caused the petitioning tenants, occupants of apartments located on the fourth and fifth floors of the residential building, to be without elevator service for approximately a year-and-a-half after the execution of the stipulation.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 23, 2008