OPINION OF THE COURT
PATRICIA D. MARKS, J.
This is a decision on an appeal from a February 11, 1999 decision of Rochester City Court, Honorable Melchor E. Castro, granting petitioner a warrant of eviction and a judgment in the amount of $125 for rent and late fees due plus costs. Respondent appealed.
Ordered that the judgment is reversed.
The record on appeal contains the following pertinent facts:
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