Fulton Redevelopment Co. v. Kendall

This is a proceeding, pursuant to article 78 of the CPLR, for a judgment directing the Honorable Irving B. Kendall, Associate City Court Judge of the City of Mount Vernon, to vacate a temporary stay he granted in a summary proceeding to recover real property which he had decided in petitioner’s favor. There is also before the court a cross motion by the respondent to dismiss the proceeding.

*814Petitioner’s sole argument is that a City Court Judge has no authority to stay the issuance of a warrant of eviction under the facts of this case. This court does not agree.

While it is true that the…