385 Bayview LLC v. Warren

DECISION & ORDER

*1  Appeal from a final judgment of the District Court of Nassau County, First District (James M. Darcy, J.), entered March 1, 2016. The final judgment, after a nonjury trial, awarded landlord possession in a holdover summary proceeding. The appeal from the final judgment brings up for review so much of an order of that court (Douglas J. LeRose, J.) entered April 6, 2015 as, upon reargument, adhered to a prior determination of that court dated December 15, 2014 denying tenant’s motion to dismiss the petition (see CPLR 5501 [a] [1]).PER CURIAMORDERED that the final judgment is reversed, without costs, so much of the order entered April 6, 2015 as, upon reargument, adhered to the prior determination dated December 15, 2014 denying tenant’s motion to dismiss the petition is vacated, and tenant’s motion is granted.Landlord commenced this holdover summary proceeding after the service of a 30-day notice of termination, alleging that, upon the expiration of tenant’s lease several months earlier, her tenancy had become month to month. Tenant moved to dismiss the petition, alleging that she is the recipient of enhanced voucher assistance under the Section 8 program (see 42 USC §1437f [t]), a fact that is not disputed by landlord, and that her status protects her from eviction from her apartment without cause. By amended order entered December 15, 2014, the District Court (Douglas J. LeRose, J.) denied her motion. By order entered April 6, 2015, the court (Douglas J. LeRose, J.), upon reargument, adhered to its prior determination. After a nonjury trial, the District Court (James M. Darcy, J.) awarded landlord a final judgment of possession.