D. Ezratty, Esq., Ezratty, Ezratty & Levine, attorneys
for Petitioner, 80 East Old Country Road, Mineola, New York
11501, 516-747-5566, Judy Slater Hirshon, Of Counsel
Jeffrey A. Seigel, Esq., Nassau/Suffolk Law Services,
Committee Inc., attorneys for Respondents, One Helen Keller
Way, 5th Floor, Hempstead, New York 11550, 516-292-8100.
following named papers numbered 1 to 3 submitted on this
Motion Vacate on December 7, 2016
of Motion and Supporting Documents
to Show Cause and Supporting Documents 1
to Motion 2
Papers to Motion 3
Charlene Cordero moves by Order to Show Cause to vacate the
stipulation entered into between the parties on April 12,
2016, and to dismiss the judgment and warrant issued against
Respondents. A 72 hour Notice dated October 18, 2016, has
been served on Respondents.
summary non payment proceeding was commenced against
Respondents by service of the Notice of Petition and
Petition, both dated March 29, 2016, concerning the premises
located at 102 West Hudson Street, Apt. 3A, Long Beach, New
York. The Petition contains the following allegations.
(a) Respondents were required to pay rent of $1, 700 per
(b) There was due Petitioner total rent arrears of $6, 005.56
computed as set forth in paragraph No.6, as follows:
"Pursuant to said agreement there was due to the
landlord from Respondents-Tenants as follows: $1, 700.00
March 2016 Rent; $1, 700.00 February 2016 Rent; $785.00
January 2016 Rent balance; $50.00 March 2016 Rent late fee;
$50.00 February 2016 Rent late fee; $50.00 January 2016 Rent
late fee; $1, 442.01 Flood damage and $228.55 Electric.
Respondents-Tenants has defaulted in the payments thereof,
and the total rent in arrears of $6, 005.56."
(c) Oral and written demands were made upon Respondents for
the rent arrears. The written demand dated March 9, 2016
(attached to the Petition) states the following is owed:
"TAKE NOTICE that you are justly indebted to 102 West
Hudson Street, LLC, Landlord of the above-described Premises,
in the sum of $5, 888.87 for rent/added rent of said Premises
as follows: $1, 700.00 March 2016 Rent; $1, 700.00 February
2016 Rent; $785.00 January 2016 Rent balance; $50.00 March
2016 Rent late fee; $50.00 February 2016 Rent late fee;
$50.00 January 2016 Rent late fee; $1, 442.01 Flood damage
and $111.86 Electric."
matter was settled by the Stipulation of Settlement, dated
April 12, 2016. Respondent was not represented by an attorney
upon agreeing to and signing the Stipulation. The Stipulation
provided that Respondent Charlene Cordero owed $7, 872.25 of
rent and additional rent through April of 2016. The
Stipulation provides that Petitioner to cooperate with DSS
and Section 8 regarding payments.
Charlene Cordero submits her Affidavit, sworn to October 24,
2016 with the Order to Show Cause. Respondent states that she
resides at Apt. 3A with her son Mitchell Bliss-Fila. She
participates in the Section 8 Housing Choice Voucher Program
through the Long Beach Housing Authority.
took possession of Apt. 3A on November 1, 2015, pursuant to a
one year lease. The monthly rent was $1, 700.00.
Respondent's share of rent between November 1, 2015, and
February, 2016 was $785.00 per month.
states that she paid November 2015 and January 2016 rent of
$785.00; U.S. Postal Service receipts are provided to prove
writes that she didn't owe $1, 700.00 for February of
2016 because her share was only $785.00 and she can't be
held liable for Section 8 payments. Furthermore, Respondent
refers to the Affirmation of her attorney that the Long Beach
Housing Authority has been paying her rent subsidy since
March of 2016, Respondent sets forth that her share of
monthly rent was reduced to $288.00 and Long Beach Housing
Authority paid the balance.
submits the Letter dated April 6, 2016 from the Long Beach
Housing Authority addressed to Petitioner. The Letter states
that Tenant's share of the rent is $288.00 and the HAP
payment would be $1, 412.00. Significantly, the Letter ...