Opinion
No. 2013–1018 Q C.
11-06-2014
83–55 AUSTIN PROPERTY ASSOC., Respondent, v. Nathaniel M. GALES, Appellant, and “John Doe” and “Jane Doe,” Undertenants.
Opinion
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.