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37-01 31ST CORP. v. MOHAMMED

2009-856 Q C.

28 Misc.3d 58 (2010)

906 N.Y.S.2d 679

37-01 31ST AVENUE REALTY CORP., Petitioner, v. OMER SAFED MOHAMMED et al., Respondents. RICHARD A. BROWN, Nonparty Appellant.

Supreme Court, Appellate Term, Second Department.

Decided June 4, 2010.

Attorney(s) appearing for the Case

Richard A. Brown , District Attorney, Kew Gardens ( Charles J. Balvin , Linda Cantoni, Anthony M. Communiello and Oscar W. Ruiz of counsel), for nonparty appellant.

Michael S. Winokur , Flushing, for respondents.

WESTON, J.P., RIOS and STEINHARDT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the appeal from the final judgment entered June 2, 2008 is dismissed; and it is further, ordered that the order dated November 20, 2008 is affirmed without costs.

After landlord received a five-day notice from the District Attorney of Queens County requiring it to commence a proceeding to remove tenants (see RPAPL 715 [1]), landlord commenced this...

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