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Probate Court Discusses Hold Over Proceedings


In a court proceeding, a complainant filed a motion to stay pending the determination of an appeal from an order of the civil court. Upon the papers filed in support of the motion and the papers filed in opposition, the court consequently ordered that the motion is granted on condition that the appeal will be completed. New York Probate Lawyers said the complainant however was directed to pay the opponent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of the decision. They also need to continue to pay the opponent’s use and occupancy at a like rate as it becomes due. The court further ordered that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or the opponent may move to vacate the stay on three day’s notice.
In another case, another appeal was also filed from an order of the civil court. The order, insofar as appealed from, denied the branch of the tenants’ motion in seeking an award of attorney’s fees.

The landlord initiated the holdover proceeding after terminating the tenancy based upon the tenants’ failure to cease using the basement portion of the apartment as a living room. Based on records, the said usage had resulted in the issuance of a violation by the department of buildings. Thereafter, the parties entered into a condition, contained in which was an agreement that tenants had cured the breach to landlord’s satisfaction by moving their furniture and personal items, and the matter was marked off the calendar so that the department of buildings could re-inspect the basement.

Later on, the landlord commenced a nonpayment summary proceeding against the tenants. The tenants however request for a decision dismissing the petition in the holdover proceeding based upon the landlord’s commencement of the nonpayment proceeding, and for attorney’s fees.
The civil court awarded the tenants the decision dismissing the complaint, but did not award them attorney’s fees. The court stated that the tenants were not entitled to an award of attorney’s fees under the situation presented, even though the petition was dismissed. In view of that, the order, insofar as appealed from, is affirmed.

In another trial, the order of the Supreme Court which denied the complainant’s motion for partial decision without trial was consequently reversed, on the law, without costs. The motion restored to the calendar and the matter remanded for further proceedings, including disposition of the motion on the merits following the parties’ submission of papers.
Based on records, the court erred in denying the complainant’s properly filed request for decision without trial. The submission of the opponent’s affidavit in opposition to the motion showing the facts essential to justify the opposition may exist but cannot then be stated. Indeed, the opponent failed to make any evidentiary showing that the completion of outstanding discovery will yield material and relevant evidence.

Similarly in an estate litigation proceeding, an application of the complainant to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court was appropriately determined.

The court then ordered that the application will be granted. It is also ordered that the complainant’s time to perfect the appeal will be enlarged. In addition, a Staten Island Probate Lawyer said the joint record on the appeal and the complainant’s brief must be served and filed on or before the ordered date. The court also ordered that the complainant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of the court.

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