| DU 1st Realty Co. LP v Robinson |
| 2012 NY Slip Op 50840(U) [35 Misc 3d 138(A)] |
| Decided on May 9, 2012 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, Bronx County
(Kevin C. McClanahan, J.), dated May 13, 2009, which denied its motion seeking, in effect, to
vacate or modify a prior order (same court and Judge), dated March 10, 2009, which dismissed
the petition in a holdover summary proceeding.
Per Curiam.
Order (Kevin C. McClanahan, J.), dated May 13, 2009, affirmed, without costs.
In the absence of any showing that tenant's delay in recertifying for Section 8 eligibility was purposeful, and it being undisputed that tenant's Section 8 subsidy had already been reinstated for several months prior to landlord's commencement of the within holdover summary proceeding, we agree that the eviction remedy herein sought by landlord does not lie (see and compare 2 Macon St. Assocs., L.P. v Sealy, 32 Misc 3d 52 [2011]). The order on appeal, which denied landlord's motion seeking, in effect, to vacate or modify a prior order which was not the result of a motion made on notice, is "subject to full appellate review on the merits" (Lamot v City of New York, 297 AD2d 527 [2002]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 09, 2012