All Peoples Homestead of 309 HDFC v Milsap

[*1] All Peoples Homestead of 309 HDFC v Milsap 2014 NY Slip Op 51678(U) Decided on December 1, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 1, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ.
570444/14

All Peoples Homestead of 309 HDFC, Petitioner-Landlord-Respondent, -

against

Carl Milsap, Respondent-Tenant-Appellant, -and- Enobia Milsap, "John Doe," and "Jane Doe," Respondents-Undertenants.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Jack Stoller, J.), dated February 20, 2013, which denied his motion seeking, in effect, to remove his guardian ad litem in a holdover summary proceeding.

Per Curiam.

Order (Jack Stoller, J.), dated February 20, 2013, affirmed, without costs.

To the extent that tenant's most recent postjudgment application can be read as seeking the removal of his guardian ad litem, the application was properly denied in the absence of just cause or any showing that the guardian did not fulfill her responsibilities (see Matter of Carol C., 41 AD3d 474 [2007]). We note tenant's failure to timely appeal the underlying final judgment awarding landlord possession on its nuisance claim.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: December 01, 2014