OPINION OF THE COURT
Michael Feinberg, J.
In this nonpayment summary proceeding, respondent tenant appeared without counsel and consented to the entry of a final judgment for possession by the court on August 3, 1983 for rent owed through July, 1983 in the amount of $955.38. Said amount was never paid by tenant. After receiving a 72-hour notice of eviction on September 12, 1983, respondent obtained an order to show cause and was directed to make a deposit into court. On the September 20, 1983 return date, said motion was denied by the Honorable Diane Gasworth due to respondent’s failure to comply with the deposit requirement and it was further ordered that no further 72-hour notice need be given prior to eviction.
Following said order of the Honorable Diane Gasworth, respondent, with the assistance of counsel from Legal Aid, obtained a second order to show cause dated September 27, 1983, which sought permission to allow respondent to *835proceed as a poor person on the appeal from the September 20, 1983 order of Judge Gasworth, a stay of the petitioner landlord and marshal from executing the warrant of eviction pending said appeal, or in the alternative, vacating the final judgment and warrant of eviction and dismissing this proceeding or permitting respondent tenant to have a new trial or in the alternative, requiring proper service of a new 72-hour notice of eviction.