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New Day Baptist Church Seniors Program, Inc v. Housing Preservation and Development

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


April 5, 2011

NEW DAY BAPTIST CHURCH SENIORS PROGRAM, INC.,
APPELLANT,
v.
HOUSING PRESERVATION AND DEVELOPMENT,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), entered April 28, 2009, deemed from a final judgment of the same court entered April 28, 2009 (see CPLR 5512 [a]).

New Day Baptist Church Seniors Program, Inc. v Housing Preserv. & Dev.

Decided on April 5, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: WESTON, J.P., GOLIA and RIOS, JJ

The final judgment, entered pursuant to the April 28, 2009 order, in effect, granting petitioner's motion for leave "to reargue" the petition, which sought to restore petitioner to possession in a commercial lockout proceeding (see RPAPL 713 [10]), which petition had been dismissed by "order" dated February 17, 2009, and, upon "reargument," adhering to the prior "order," dismissed the petition.

ORDERED that the final judgment is affirmed, without costs.

In this summary proceeding to be restored to possession of a non-residential premises, suite A at 365 Jay St., Brooklyn, New York (see RPAPL 713 [10]), petitioner submitted only incomplete and conflicting documentation in support of its claim that it had a valid sublease to the premises. In these circumstances, the Civil Court properly dismissed the petition.

Accordingly, the final judgment is affirmed.

Weston, J.P., Golia and Rios, JJ., concur.

Decision Date: April 05, 2011

20110405

© 1992-2011 VersusLaw Inc.



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