Opinion
570254/04, 04-201.
Decided September 2, 2004.
Landlord appeals from an order of the Civil Court, New York County, dated March 12, 2003 (Paul L. Alpert, J.) which, on the court's own motion, dismissed the petition in a holdover summary proceeding.
Order dated March 12, 2003 (Paul L. Alpert, J.) reversed, without costs, the petition is reinstated, and the matter is remanded to the Civil Court for trial.
PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
Civil Court erred when, on its own motion, it dismissed the Housing Authority's licensee petition after opening colloquy, without taking sworn testimony or receiving evidence in admissible form. The requirement of a trial in a summary proceeding (RPAPL § 745) is not met by the informal procedure utilized below (see Gelrod v. Levine, 24 AD2d 756). Inasmuch as the matter must be remanded for trial and given the inadequacy of the record, it is unnecessary to reach the merits at this time.
This constitutes the decision and order of the court.