Respondent Christopher Thomas appeals from 1) an order of the Civil Court of the City of New York, New York County (Gary F. Marton, J.), dated September 28, 2007, which, inter alia, granted petitioner's motion to strike respondent's answer and denied respondent's cross motion to extend his time to complete discovery; 2) a final judgment (same court and Judge), entered November 8, 2007, after inquest, which awarded possession to petitioner on the holdover petition; and 3) an order (same court and Judge), entered December 11, 2007, which, upon reargument, adhered to its prior order of September 28, 2007.

Per Curiam.

Order, entered December 11, 2007, and final judgment, entered November 8, 2007 (Gary F. Marton, J.), affirmed, with one bill of $25 costs, for the reasons stated by Gary F. Marton, J. at Civil Court. Appeal from order (Gary F. Marton, J.), dated September 28, 2007, dismissed, without costs, as subsumed in the appeal from the final judgment.

The imposition of sanctions pursuant to CPLR 3126 is within the sound discretion of the court and, absent an abuse, a court's decision on sanctions will not be disturbed on appeal (see Arts4all, Ltd. v Hancock, 54 AD3d 286 [2008]). In view of appellant's repeated failures to comply with the discovery orders, we find no abuse of discretion in the striking of appellant's answer to the licensee holdover petition.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 19, 2009