| London Terrace Gardens, L.P. v Stofsky |
| 2009 NY Slip Op 50483(U) [22 Misc 3d 142(A)] |
| Decided on March 20, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Landlord appeals from an order of the Civil Court of the City of New York, New York
County (Jean T. Schneider, J.), dated September 3, 2008, which, sua sponte, stayed the reletting
of the premises in a nonpayment summary proceeding.
Per Curiam.
Order (Jean T. Schneider, J.), dated September 3, 2008, reversed, without costs, and stay vacated.
The sua sponte, post-eviction stay of the reletting of the apartment premises must be vacated. That directive was made in the absence of any pending application or proceeding before the court, at a time when the Department of Social Services had withdrawn its motion for the appointment of a guardian ad litem on tenant's behalf. "The effect of withdrawing the motion is to leave the record as it stood prior to its filing as though it had not been made [emphasis in the original]" (Matter of Stoute v City of New York, 91 AD2d 1043 [1983], appeal dismissed 59 NY2d 762 [1983]). Nor was there any record evidence that tenant had any interest in returning to the apartment.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 20, 2009