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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

[37-01 31st Avenue Realty Corp. v. Mohammed et al.] NYS Supreme Court held RRAPL 715 does not give DA ability to override landlord's decision not to appeal (2010)

  • Organization: Supreme Court of the State of New York
  • Document Type: Case law/admin decisions
  • Date Created: Wednesday, August 11, 2010
  • Submitted: Wednesday, August 11, 2010
  • Attachment(s): LINK

Decision from a June 4, 2010 ruling by the Appellate Term, Second Department on 37-01 31st Ave. Realty Corp v. Mohammed. In instances when a summary proceeding to remove a tenant from housing has been dismissed, RPAPL 715 does not give the District Attorney the ability to override the landlord's decision not to appeal the dismissed proceeding or to independently pursue an appeal.

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