VOLUNTEERS OF AMERICA-GREATER NEW YORK, INC., pet-land-res, v. HAROLD CARR, res-ten-app

15-347-388. VOLUNTEERS OF AMERICA-GREATER NEW YORK, INC., pet-land-res, v. HAROLD CARR, res-ten-app — Final judgment (Joel R. Kullas, J.), entered or about December 18, 2014, modified to vacate so much thereof as afforded tenant a one-year stay of execution of the warrant of eviction; as modified, final judgment affirmed, without costs. Execution of the warrant shall be stayed for 30 days from the service of a copy of this order with notice of entry. Appeal from order (Timmie Erin Elsner, J.), entered on or about April 22, 2015, dismissed, without costs, as academic.

Landlord, a supportive housing facility for formerly homeless military veterans, commenced this proceeding upon allegations that tenant breached the lease and committed a nuisance. The trial evidence showed, and the court expressly found, that tenant “intentionally smashed a hole” in the wall between his unit and landlord’s locked storage room; tenant utilized the hole to enter into the locked storage room, without permission, and remove “furniture and [confidential] client files” of other tenants stored therein; and tenant then made “potentially threatening comments” to landlord’s employees as he was being arrested. The court found this conduct violated the lease provisions forbidding “criminal activity” at the premises, and damage to the “building, common areas or furnishings.” Neither the court’s factual findings nor the portion of the final judgment awarding landlord possession of the premises are now challenged on appeal by tenant.