Mercy Haven, Inc. v. Backer

Full title: Mercy Haven, Inc., Respondent, v. Ryan Backer, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Jan 18, 2019

2019 N.Y. Slip Op. 61523 (N.Y. App. Term 2019)

Opinion

Motion No: 2018-01805 SC

01-18-2019

Mercy Haven, Inc., Respondent, v. Ryan Backer, Appellant.

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from an order of the District Court of Suffolk County, Sixth District, entered August 2, 2018, to compel respondent to provide the Suffolk County Department of Social Service with a corrected rent breakdown form. The order appealed from denied appellant's motion to vacate a final judgment of that court entered April 10, 2018 and the warrant issued pursuant thereto, and to dismiss the petition. By order to show cause dated November 20, 2018, the parties were directed to show cause why the order of the District Court entered August 2, 2018 should or should not be summarily reversed or modified and appellant's motion to vacate the final judgment and warrant, and dismiss the petition, granted in whole or in part based on respondent's failure to comply with its obligation to provide the Suffolk County Department of Social Service with a corrected rent breakdown form.

Upon the order to show cause and the papers filed by appellant in support thereof, and no papers having been filed by respondent in opposition thereto, and upon the papers filed in support of appellant's motion and no papers having been filed in opposition thereto, and upon the record on appeal, it is

ORDERED that the motion for summary reversal or modification is granted and the District Court's order entered August 2, 2018 is modified by providing that the branch of appellant's motion seeking to vacate the warrant is granted and the warrant is permanently vacated (see 116 Lenox Realty, LLC v Smith, 61 Misc 3d 137[A], 2018 NY Slip Op 51562[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]; Dino Realty Corp. v Khan, 46 Misc 3d 71 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]; Monastery Manor v Donati, 28 Misc 3d 133[A], 2010 NY Slip Op 51335[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2010]), and, as so modified, the order is affirmed, without costs; and it is further,

ORDERED that appellant's motion to compel respondent to provide the Suffolk County Department of Social Service with a corrected rent breakdown form is denied as academic, as the corrected form has been provided.

TOLBERT and GARGUILO, JJ., concur.

MARANO, P.J., taking no part.

ENTER:

Paul Kenny

Chief Clerk