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By: Ling-Cohan, J.P., Cooper, Edmead, JJ.17-438. 133 REALTY 2010 LLC, pet-lan-res, v. PATRICK FITZPATRICK, res-ten-res — Order (Laurie L. Lau, J.), dated August 4, 2017, insofar as appealed from, affirmed, with $10 costs.We find no abuse of discretion in the grant of the disabled tenant’s motion to permanently stay execution of the warrant of eviction upon proof that he effected a cure by signing the renewal lease, albeit with a minor delay (see 72A Realty Assoc., L.P. v. Mercado, 36 Misc 3d 137[A], 2012 NY Slip Op 51380[U] [App Term, 1st Dept 2012]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.April 17, 2018

By: Gonzalez, J.P., Cooper, Edmead, JJ.15-394. THE PEOPLE OF THE STATE OF NEW YORK, res, v. DANIEL CALDWELL, def-app — Judgment of conviction (Robert M. Mandelbaum, J.), rendered September 23, 2014, affirmed.The verdict convicting defendant of driving while ability impaired (see Vehicle and Traffic Law §1192[1]) was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). The inconsistencies in the testimony and other credibility issues raised by defendant were properly placed before the trier of fact, and we find no basis on the record to disturb its findings.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.April 19, 2018

 
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