83-55 Austin Prop. Assoc. v Gales

[*1] 83-55 Austin Prop. Assoc. v Gales 2014 NY Slip Op 51664(U) Decided on November 6, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 6, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and ELLIOT, JJ.
2013-1018 Q C

83-55 Austin Property Assoc., Respondent,

against

Nathaniel M. Gales, Appellant, -and- "JOHN DOE" and "JANE DOE," Undertenants.

Appeals from orders of the Civil Court of the City of New York, Queens County (Gilbert Badillo, J.), entered October 15, 2012 and April 25, 2013, respectively. The order entered October 15, 2012, insofar as appealed from, upon granting tenant's motion to stay the execution of the warrant, imposed certain conditions. The order entered April 25, 2013 denied tenant's motion, in effect, to permanently stay the execution of the warrant.

ORDERED that the order dated April 25, 2013 is reversed, without costs, and tenant's motion, in effect, to permanently stay the execution of the warrant is granted; and it is further,

ORDERED that the appeal from the order entered October 15, 2012 is dismissed as academic.

In this nonpayment proceeding, the Civil Court, by order entered October 15, 2012, stayed the execution of the warrant on condition that tenant make certain payments. Upon a subsequent motion, tenant showed good cause for the delay in his compliance with the terms of the October 15, 2012 order and ultimately paid all the arrears by the adjourned return date of the subsequent motion. In view of all the circumstances presented, tenant's subsequent motion should have been granted and the execution of the warrant permanently stayed (see Harvey 1390 LLC v Bodenheim, 96 AD3d 664 [2012]).

Accordingly, the order entered April 25, 2013 is reversed and tenant's motion, in effect, to permanently stay the execution of the warrant is granted.

Pesce, P.J., Aliotta and Elliot, JJ., concur.

Decision Date: November 06, 2014