Metchick v. Dubray

— Yesawich, Jr., J.

Appeal from an order of the County Court of Albany County (Turner, Jr., J.), entered June 2, 1986, which granted petitioner’s application, in a proceeding pursuant to RPAPL article 7, to, inter alia, remove respondent from possession of certain real property.

This matter is before us after having been remitted to County Court to determine what transpired on May 1, 1986, the return date of petitioner’s petition (see, 131 AD2d 951). While it is unclear from the "so-called” reconstruction hearing what actually occurred, no one contends that respondent affirmatively waived the…