421 W. 22 LLC 421 W. 22Bv.Walberg

Appellate Term of the Supreme Court of New York, First DepartmentFeb 15, 2011
570562/10 (N.Y. Misc. 2011)
570562/102011 N.Y. Slip Op. 50171

570562/10.

Decided February 15, 2011.

Tenant appeals from (1) an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated June 23, 2010, which denied his motion to stay the execution of the warrant of eviction in a holdover summary proceeding, and (2) an order (same court and Judge), dated October 6, 2010, which denied his motion to reargue and renew the aforesaid order.

PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ.


Order (Brenda S. Spears, J.), dated June 23, 2010, reversed, without costs, and tenant's motion to stay the execution of the warrant of eviction granted. Appeal from order (same Judge), dated October 6, 2010, to the extent appealable, dismissed, without costs, as moot.

In light of the particular facts and circumstances underlying this appeal, including tenant's apparent confusion regarding how he should make a payment under the subject stipulation when a payment deadline falls on a weekend, good cause existed to afford tenant a stay of the execution of the warrant of eviction ( see generally Bromley Co. LLC v Rachman-Coakley , 24 Misc 3d 144[A], 2009 NY Slip Op 51787[U]; cf. Chelsea 19 Assoc. v James , 21 Misc 3d 129 [A], 2008 NY Slip Op 52013[U], affd 67 AD3d 601).

Tenant, who entered into possession of the subject apartment in 1977, appeared pro se in the action, and was unrepresented until he sought reargument and renewal of the June 23, 2010 order denying his motion to stay the execution of the warrant.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.