APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

Motion by tenant-appellant for summary reversal or alternative relief granted to the extent of providing that the order of the Civil Court, Queens County

(A. Katz, J.), dated October 7, 2004, denying tenant-appellant's motion to be restored to possession or for alternative relief is unanimously reversed without costs and the motion by tenant-appellant to be restored to possession is granted on condition tenant-appellant pay landlord the sum of $7,285.74 within seven days of the date of the order hereon. Tenant shall be restored forthwith upon tendering said $7,285.74 amount.

The minor delays in compliance with the stipulation of September 16, 2004, occasioned by the Department of Social Services' error, where no fault can be attributed to tenant, do not warrant forfeiture of the tenancy (1466 Gunhill Rd. Corp. v Andrew, 4 Misc 3d 128 [A], 2004 NY Slip Op 50626 [U] [App Term,1st Dept]; Fisher v Nugent, NYLJ, Sept. 20, 1995 [App Term, 2d & 11th Jud Dists]). Accordingly, landlord

is directed to restore tenant upon tender of the sum of $7,285.74, consisting of $5,006.74 in arrears through October 2004, marshal fees of $100, truck cancellation fee of $250, mover's fee of $600 and legal fees of $1,329.

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PATTERSON, J.P.

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GOLIA, J.

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RIOS, J.