Subject to certain exceptions, RPAPL 747-a prohibits a court in the City of New York from staying the issuance and execution of a warrant of eviction after five days have elapsed following judgment in favor of the landlord. There is no merit to plaintiffs' contention that this statute violates the separation of powers doctrine by preventing the court from considering the merits of the summary proceeding before it. Under the New York Constitution, article VI, § 30, the...
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