New York City Hous. Auth. (Rangel Houses) v Groves

[*1] New York City Hous. Auth. (Rangel Houses) v Groves 2012 NY Slip Op 52364(U) Decided on December 27, 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 27, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
12-395.

New York City Housing Authority (Rangel Houses), Petitioner-Landlord-Appellant, - -

against

John Groves and Ernest Groves, Respondents-Tenants-Respondents.

Petitioner-landlord, as limited by its brief, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), dated October 6, 2011, which, upon granting landlord's unopposed motion for summary judgment of possession in a holdover summary proceeding, permanently stayed issuance of the warrant of eviction.

Per Curiam.

Order (Sabrina B. Kraus, J.), dated October 26, 2011, insofar as appealed from, modified to vacate the permanent stay of issuance of the warrant of eviction and, as modified, affirmed, without costs. Execution of the warrant of eviction shall be stayed for 30 days from the service of a copy of this order with notice of entry.

Civil Court lacks authority to permanently stay an eviction where, as here, the tenancy was terminated by landlord New York City Housing Authority following an agency hearing on the merits and tenant exhausted all administrative remedies (see New York City Hous. Auth. v McClinton, 184 Misc 2d 818 [2000]; New York City Hous. Auth. v Williams, 179 Misc 2d 822 [1999]). Any perceived unfairness that may be occasioned by implementing the agency's tenancy termination order does not provide a proper basis for the court to "judicially extend the tenancy by the application of [CPLR 2201] in holdover proceedings of this type" (New York City Hous. Auth. v McClinton, 184 Misc 2d at 820).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 27, 2012