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[Perdomo v. Morgenthau] Appellate Court Upholds Decision Enjoining DA from Approving RPAPL 715 Case Settlements (2009)
- Organization: New York Supreme Court, Appellate Division, First Department
- Document Type: Case law/admin decisions
- Date Created: Monday, March 09, 2009
- Submitted: Monday, March 09, 2009
- Attachment(s): LINK
Perdomo v. Morgenthau, 60 A.D.3d 435, 874 N.Y.S.2d 443 (1st Dept. 2009).
Appellate Division upholds NY Supreme Court's decision to enjoin the District Attorney from preventing a probationary agreement excluding offensive family member in DA-initiated drug holdover case brought pursuant to RPAPL 715.
Appellate Division agreed that RPAPL 715 does not give the DA authority to approve settlement agreements reached by landlords and tenants in holdover actions brought pursuant to this section.
Click here to read the Supreme Court decision.