Bibow v. Bibow, 2021-50705

• Court: New York District Court
• Writing for the Court: C. Stephen Hackeling, J.
• Parties: Patricia Bibow, Petitioner v. Marcella Bibow, Respondent
• Decision Date: 28 July 2021
• Docket Number: 2021-50705

Patricia Bibow, Petitioner
v.
Marcella Bibow, Respondent

No. 2021-50705

District Court Of Suffolk County, Third District

July 28, 2021

Unpublished Opinion

Stanley J. Somer, Esq., Somer & Heller, LLP, Attorneys for Petitioner.

Marcella Bibow, Pro Se.

C. Stephen Hackeling, J.

The petitioner, Patricia Bibow (hereafter "the mother") petitions this Court to enforce a stipulation dated January 16, 2020 wherein the respondent Marcella Bibow (hereafter "the daughter") agreed to remove herself from the mother's real property premises on or before September 30, 2020, and for the Court to renew and substitute a duplicate warrant of eviction. The daughter has not appeared in opposition to the application but has filed a "Tenant's Declaration of Hardship During the Pandemic" dated March 30, 2021, which checks off both Box A, "Financial Hardship" as well as Box B, "Significant Health Risk" categories.

Undisputed Facts

The undisputed relevant facts of this matter are that the daughter is a licensee of the mother who, prior to the COVID-19 emergency, stipulated to vacate her mother's premises by September 30, 2020. The daughter, at the time, was represented by counsel. A warrant of eviction was issued on March 19, 2021 arising from the vacature default by the daughter. The New York State Office of Court Administration (hereafter "OCA"), in conjunction with directives from the New York State Executive Branch of Government, and the Suffolk County Sheriff's office declared the subject warrant of eviction invalid and directed that the matter be reconferenced.

Issue Presented

Does New York State's COVID-19 moratorium law mandate a stay of all eviction proceedings until August 31, 2021, without the occurrence of a judicial hearing, if the respondent files a hardship declaration as provided for in Chapter 73 of the laws of 2021 relating to the COVID-19 Emergency Protection Act (hereafter "COVID-19 Stay or Moratorium Act") ?

The Law

New York State's Courts are in a somewhat confused state as to whether the COVID-19 Stay Act requires an automatic adjournment of any post COVID-19 (post March 2020) summary proceeding until September 1, 2021, if the respondent files a "Hardship Declaration". There exists little reported caselaw on the issue as many Court's have heeded OCA's advise and automatically declined to schedule any hardship declaration cases until after September 2021. Respondent oriented arguments have been advanced before...