I have a judgement against me and stopped the eviction. Now landlord attorney sent me copy from Supreme Court that the stay has been lifted. What wats is he landlord allowed to do this?
Ps I do have to go back for my order to show cause in less than a week
Your question is way too vague. You must give more detail when asking the question. Consult with an attorney and show him/her copies of the papers evidencing the vacatur of the stay so that they can properly answer your concerns.
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The stay being lifted means that you can be evicted on whatever terms were in your previous court order or stipulation.
If the stay that you received in housing court was the only reason you were not being evicted, an eviction can now go forward.
You need to find out from the City Marshal if/when you are scheduled for eviction. The marshal is not required to tell you until about 4:00 the day before. Call and ask. Be pleasant. Evicting people is this person's job--it does no good to be nasty to him/her, and being nasty may not get you the information you need.
Evictions cannot occur on weekends. If you call on Friday afternoon, you will find out if you are scheduled for Monday.
If you find that you are scheduled, be sure to get any pets out of the apartment; take medications you or your family need. Take small valuables with you (jewelry, money, cell phones, ipads, chargers for your electronics). Take identification documents (passports, drivers' licenses, any correspondence or court papers about your case. ) If you are evicted, the marshal will put your stuff in boxes--not lovingly, the way you would, but haphazardly--and move those boxes to a storage area. You may not get to them for days or even weeks. Take anything you will need --clothing for work, kids' clothes, etc.
Good luck. Being evicted is really horrible. If at all possible, get your things out yourself and put them in storage before any eviction takes place.
If the stay was lifted, you can be evicted. There is no way to know why the landlord was allowed to do this??? Because we don't know about the facts of the case. It does seem strange, though, because the Order to Show Cause is supposed to stay everything while it is pending. If you read the print out from the Court when your Order to Show Cause was granted it says all actions of the landlord, his attorney and the Marshal are stayed.
Dear New York Tenant:
If you already received an eviction notice you are in danger of an imminent eviction. Your landlord obtained an order from the Appellate Term allowed by CPLR Section 5704(b) that erased the stay you obtained in Housing Court by your Order to Show Cause.
You should know this since you have a copy of the order in hand.
Better call the marshal and find out if you are now scheduled again for eviction. Pack up all your important valuable possessions and as much of everything you own. Gather your personal papers medications money jewelry and mementos in a safe carry bag in case your eviction occurs and you are forced out from your home.
This action is rare and this suggests you may have already secured an order to show cause in this case.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
That was the Appellate Court reviewing the papers on your Order to Show Cause and knocking out your Order to Show Cause because it found the request improper. This apparently means that your Order to Show Cause has been completely vacated, but may not. The clerk at the Civil Court can update you on the latest status.
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