Koleoglou v. Murphy

This is an article 78 (Civ. Prac. Act) proceeding against a Justice of the Municipal Court of the City of New York for an order directing him to vacate an order dated January 23, 1962, staying a warrant of eviction which had been issued on December 1, 1961. A proceeding had been commenced by petitioner as landlord, to dispossess the tenant for illegal occupancy. Tenant consented to entry of a final order in favor of petitioner “ with a stay of the issuance of the warrant of eviction up to and including November 30, 1961.” There followed the significant language, “If by this time the tenant…