The Respondent sought relief to be restored to possession after she was evicted on June 4. She is a member of the United States Army and was activated to military duty after the September 11, 2001, terrorist attack. During her training and preparation for deployment to Iraq, she became ill. She was hospitalized on several occasions from October 2003 through May 2004. She was in intensive care in May 2004. She was at her mother's home recuperating when she was evicted on June 4. She notified the Petitioner's Counsel of her medical condition and hospitalization. (See Letters of April 27 and May 20, 2004 by Department of Veterans Affairs New York Harbor Health Care System Program Support Assistant.) She further stated that all Use and Occupancy was paid through June 2004. The Respondent appeared in full military uniform, showed her current military identification and proof of her hospitalization. Because of her medical condition, she could not travel to Iraq until she received medical clearance. She was requesting restoration to possession and more time until a decision is made for her to go to Iraq or to obtain available military housing.
On June 23, the Petitioner orally opposed the motion and disputed that the Respondent was in the military. Petitioner's Counsel, Mr. Joseph Battista, argued that a website search was conducted, on March 3, 2004, on the Defense Manpower Data Center, which result showed that the Respondent was 'currently not on active military duty'. On that basis, the warrant of eviction was executed. Mr. Battista stated that the Use and Occupancy for May and June was returned but did not know when the payments were returned.