It's a holdover case started 10/14/16. Adjourned due to tenant had death in family. New court date November 2016. On stip tenant agreed to move out on 12/31/16. But stayed. Eviction notice sent. Eviction date 1/25. Tenant went to Show for cause. New court date 1/30/16. New stip made, tenant can stay till 2/28 if January and February rent paid by 2/10. Rent not paid. Tenant stayed. New marshal eviction date set 3/5/17. Fee days before 3/5, tenant went to APS. Eviction stopped again. Tenant got 2 weeks time. New eviction date established on 3/17/17. Tenant went to court day before and got OSC. Eviction stopped once again. Now tenant texted me that he needs spinal surgery. I caught him on surveillance video that he walks normal. Totally a different person than he was in court with a cane. Now, if surgery needed is true, how much time will he be granted most likely? Does he have to show medical records to proof?
Evictions can be frustrating but what you're describing sounds like you're not represented by counsel. I would suggest retaining counsel as soon as possible to help avoid this tenant continuing to take advantage of the system (and you).
I'm 3 "most helpful" answers away from a free toaster! I may be guessing or not licensed in your state so don't rely upon anything I say. No attorney/client relationship exists. Who reads these disclaimers anyway? If you're reading this, let me know because I'm curious. Did you know that a watched pot never boils and that a stitch in time saves nine? Or that a rolling stone gathers no moss? Honestly, I am surprised that you are still reading this disclaimer. Personally, I normally don’t pay much attention to these things. I am impressed and commend you for taking the time. I never actually anticipated anyone would ever get this far into my disclaimer and I only wish I had something more meaningful to say. Thank you for bearing with me and for sticking it out to the end.
Dear Bayside Property Owner:
On the other version of this question, you provided the following extra information about the tenant who made a deal to leave but received a stay and another stay:
"Tenant did not pay but stayed. Marshal send notice to evict on 3/5/17. Again tenant went to adult protective services. APS stopped marshal for 2 weeks. New eviction date became 3/17/17 with the presence of APS. Again tenant went to court served marshal show for cause the day before eviction. Again new court date 2 weeks later 3/29/17. Can landlord request the court for earlier court date?
"Tenant is a 44 year old single male who owned a Porsche carrera and Mercedes S550.
He is absolutely healthy active person. But when appear on court, he carries a brand new cane and dressed as homeless person.
Neighbour saw him active and dressed well. On camera, he walked quickly with bag on hand and without a cane. House was for 80 year olds."
I responded that your attorney knows of a method to seek on your behalf an ex parte order from the Appellate Term to vacate the latest stay issued by Housing Court.
Perhaps, as Mr. Weinman noted in his answer, you do not have an attorney. Then it is up to you to know the rules relating to Housing Court stays the same as though you are an attorney.
Look at CPLR 5704 (b):
"b) By appellate term. The appellate term in the first or second judicial department or a justice thereof may vacate or modify any order granted without notice to the adverse party by any court or a judge thereof from which an appeal would lie to such appellate term; and such appellate term may grant any order or provisional remedy applied for without notice to the adverse party and refused by any court or a judge thereof from which an appeal would lie to such appellate term." -
Rather than borrowing into the story of spinal surgery, after two stays already made by Housing Court following a consent judgment to vacate by the last day of last year, it is time to leap over Housing Court and seek your own ex parte order from the Appellate Term to allow your marshal to go on with the eviction.
Read more at: http://www.courts.state.ny.us/courts/ad2/pdf/Term/WEBSITE%202013%20History%20of%20the%20AT2.pdf
And at: https://www.nysba.org/WorkArea/DownloadAsset.aspx?id=51233
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.
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