Eviction Can Proceed After Tenant's Request to Appeal Denied

September 30, 2006

LVT Number: 19141

Landlord sued to evict tenant, and the court issued an eviction warrant. Tenant appealed and got a delay of the eviction warrant. When the appeals court ruled against tenant, tenant asked for permission to appeal to a higher court and was denied. In the meantime, landlord asked the court to vacate the delay. This wasn't necessary. The automatic delay of the eviction warrant ended five days after landlord had sent tenant a copy of the order denying tenant's request to appeal further. The eviction warrant could now be enforced.

Landlord sued to evict tenant, and the court issued an eviction warrant. Tenant appealed and got a delay of the eviction warrant. When the appeals court ruled against tenant, tenant asked for permission to appeal to a higher court and was denied. In the meantime, landlord asked the court to vacate the delay. This wasn't necessary. The automatic delay of the eviction warrant ended five days after landlord had sent tenant a copy of the order denying tenant's request to appeal further. The eviction warrant could now be enforced.

428 E. 66th St. LLC v. Meirowitz: NYLJ, 9/6/06, p. 29, col. 2 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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