Matter of Detres v. New York City Housing Authority
Decision Date | 11 August 2009 |
Docket Number | 859.,859A. |
Citation | 884 N.Y.S.2d 716,2009 NY Slip Op 06152,65 A.D.3d 442 |
Parties | In the Matter of ELSIE DETRES, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant. |
Court | New York Supreme Court — Appellate Division |
Civil Court issued the warrant of eviction after the parties executed a so-ordered stipulation settling a holdover proceeding that respondent had brought after denying petitioner's remaining-family-member grievance. Instead of seeking a stay of execution of the warrant of eviction in Civil Court, the then pro se petitioner commenced this proceeding. Under the facts presented below, execution of the warrant should only have been stayed temporarily to give petitioner time to seek relief from the warrant from Civil Court (see Matter of Bobian v New York City Hous. Auth., 55 AD3d 396 [2008]).
An evidentiary hearing before the court to supplement the record should not have been directed, and instead the matter should have been remitted to the Housing Authority for further proceedings (see Matter of Ansonia Assoc. v State Div. of Hous. & Community Renewal, 147 AD2d 420, 421 [1989]; Matter of Board of Educ. of Pleasantville Union Free School Dist. v Ambach, 132 AD2d 257, 261 [1987]). Further consideration by the agency is warranted because petitioner underwent major brain surgery some five months...
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