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DEARIE v. HUNTER

183 Misc.2d 336 (2000)

705 N.Y.S.2d 519

JOHN DEARIE, as Receiver, Appellant, v. CLYDE HUNTER, Respondent.

Supreme Court, Appellate Term, First Department.

February 2, 2000.

Attorney(s) appearing for the Case

Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P. C., Yonkers (Lawrence Schiro of counsel), for appellant.

Northern Manhattan Improvement Corporation Legal Services, New York City (Kenneth Rosenfeld, William Whalen, Matthew J. Chachère, Theodora Galacatos and Adele Bartlett of counsel), for respondent.

PARNESS, P. J., FREEDMAN and DAVIS, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order dated July 1, 1998 modified by reversing so much thereof as granted tenant's motion to dismiss the nonpayment petition, the petition is reinstated, and the proceeding is remanded to the Civil Court for trial in accordance with this decision; as modified, order affirmed, without costs.

We do not disturb Civil Court's exercise of discretion insofar as it vacated the stipulations executed by the pro se tenant...

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