[*1]
1911 Albemarle Holding, LLC v Frances St. Fort
2013 NY Slip Op 50191(U) [38 Misc 3d 138(A)]
Decided on February 8, 2013
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 8, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and SOLOMON, JJ
2011-2817 K C.

1911 Albemarle Holding, LLC, Appellant, —

against

Frances St. Fort, Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Anthony J. Fiorella, J.), entered September 19, 2011. The order, insofar as appealed from, granted tenant's motion, in effect, to stay the execution of the warrant.


ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In the circumstances presented in this nonpayment proceeding, it was within the discretion of the Civil Court to grant tenant's motion, in effect, to stay the execution of the warrant in order to preserve this rent-stabilized tenancy (see Harvey 1390 LLC v
Bodenheim, 96 AD3d 664 [2012]; 2246 Holding Corp. v Nolasco, 52 AD3d 377 [2008]). Accordingly, the order, insofar as appealed from, is affirmed.

Pesce, P.J., Rios and Solomon, JJ., concur.
Decision Date: February 08, 2013