Judge John Lansden

Petitioner owner of the subject cooperative apartment sued in this holdover proceeding seeking to recover possession of the premises, terminating the monthly Section 8 tenancy claiming financial/economic hardship and indicting the need to sell the unit. The court referred the 88 year old tenant to APS, and was later informed a psychiatric evaluation was scheduled. Petitioner consented to appointment of a guardian ad litem for respondent, and a subsequent stipulation of settlement was entered into providing for a final judgment of possession with a six month stay for tenant to vacate. At the end of the stay APS moved for, and was granted appointment of an Article 81 guardian for respondent, who retained Legal Aid Society (LAS) and they moved for vacatur of the stipulation and judgment of possession as the GAL inadvisably waived defenses. The court found the GAL had no authority to give up respondent's possessory interests and waived defenses to this proceedings. Also, it ruled petitioner failed to issue all proper notices required to terminate the Section 8 tenancy, and while the court recognized the prejudicial effects of this decision on petitioner, it also must take responsibility for serving defective notices and not complying with statutory provisions. Thus, the petition was dismissed.