Appeal from an order of the Civil Court of the City of New York, Kings County (Anthony J. Fiorella, Jr., J.), entered January 21, 2010, and an order of the same court dated February 9, 2010. The order entered January 21, 2010, insofar as appealed from, and the order dated February 9, 2010, in effect, conditionally stayed the execution of a warrant in a chronic-nonpayment holdover summary proceeding.

ORDERED that the appeal from the order entered January 21, 2010 is dismissed as that order was superseded by the order dated February 9, 2010; and it is further,

ORDERED that the order dated February 9, 2010 is affirmed, without costs.

In the circumstances presented in this chronic-nonpayment holdover proceeding, including the fact that, in executing the September 29, 2009 probationary stipulation, the parties expressly contemplated that tenant might not be able to timely make the arrears payment of [*2]$2,000 due by November 30, 2009, and the testimony by a representative of the Department of Social Services (DSS) that it was DSS error that caused tenant's delay in making that payment, the Civil Court did not improvidently exercise its discretion by, in effect, conditionally staying the execution of the warrant (see Harvey 1390 LLC v Bodenheim, 96 AD3d 664 [2012]; 2246 Holding Corp. v Nolasco, 52 AD3d 377, 378 [2008]; Sirul Realty Corp. v Silverstein, 35 Misc 3d 129[A], 2012 NY Slip Op 50633[U] [App Term, 2d, 11th & 13th Jud Dists 2012]).

Accordingly, the order dated February 9, 2010 is affirmed.

Solomon, J.P., Pesce and Aliotta, JJ., concur.
Decision Date: July 16, 2013