Landlord appeals from (1) an order of the Civil Court of the City of New York, Bronx County (Elizabeth J. Yalin Tao, J.), entered on or about February 18, 2010, after a hearing, which, inter alia, vacated the warrant of eviction and restored tenant to possession of the premises in a nonpayment summary proceeding, and (2) an order (same court and Judge) dated March 3, 2010, which declined to sign an order to show cause.

Per Curiam.

Order (Elizabeth J. Yalin Tao, J.), entered on or about February 18, 2010, affirmed, with $10 costs. Appeal from order (same court and Judge) dated March 3, 2010, dismissed, without costs, as taken from a nonappealable paper (see CPLR 5701[a][2]; Driscoll v Delarosa, 57 AD3d 317 [2008]).

The long-term (20-year) rent stabilized tenant was evicted from the apartment premises due to his purported default in paying rent arrears pursuant to the parties' October 1, 2009 so-ordered settlement stipulation. Upon tenant's post-eviction motion and a three-day hearing, the court vacated the warrant and restored tenant to possession - expressly finding that tenant timely tendered, by certified mail, money orders in satisfaction of the arrears set forth in the stipulation ($1,660). This finding, resting in large measure on considerations relating to the credibility of witnesses, is entitled to deference on appeal (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]). The presence of a new, nonstabilized tenant in the apartment, who was installed by landlord several hours after tenant's eviction, does not, in these circumstances, provide a basis to disturb the restoral order (see Pomeroy Co. v Thompson, 5 Misc 3d 51 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

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Decision Date: August 16, 2012