• Appellate Term, First Judicial Department
  • 12-395
  • Oct 26 2011 (Date Decided)
  • : Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.

12-395. NEW YORK CITY HOUSING AUTHORITY (RANGEL HOUSES), petap, v. JOHN GROVES AND ERNEST GROVES, res-res — Order (Sabrina B. Kraus, J.), dated October 26, 2011, insofar as appealed from, modified to vacate the permanent stay of issuance of the warrant of eviction and, as modified, affirmed, without costs. Execution of the warrant of eviction shall be stayed for 30 days from the service of a copy of this order with notice of entry.

Civil Court lacks authority to permanently stay an eviction where, as here, the tenancy was terminated by landlord New York City Housing Authority following an agency hearing on the merits and tenant exhausted all administrative remedies (see New York City Hous. Auth. v. McClinton, 184 Misc 2d 818 [2000]; New York City Hous. Auth. v. Williams, 179 Misc 2d 822 [1999]). Any perceived unfairness that may be occasioned by implementing the agency's tenancy termination order does not provide a proper basis for the court to "judicially extend the tenancy by the application of [CPLR 2201] in holdover proceedings of this type" (New York City Hous. Auth. v. McClinton, 184 Misc 2d at 820).