The Court restored the Respondent to possession and ordered the Petitioner to turn over the keys to the Respondent. Mr. Battista, the Petitioner's attorney, requested until June 25 to turn over the keys since he had to obtain the keys from the Petitioner who was not in the City. The application was granted and the Court issued a preliminary order of restoration pending the filing of an affidavit of compliance by June 25. On June 24, Mr. Battista informed this Court's personnel that he was not complying with the Court's Order. The Court issued a further Order for both sides to appear on June 30 for a full hearing. (See Orders of June 23, 2004 and June 24, 2004.) The Respondent was assigned new counsel for the hearing.
The Petitioner filed written opposition on June 28, 2004. The hearing commenced on June 30, 2004.
At the hearing, the Respondent testified and repeated the same information as previously [*3]stated on June 23. She worked at the rescue operation at the World Trade Center after the September 11 incident. While she was waiting to be deployed to Iraq, she became sick and was hospitalized in June 2003, October 2003, April 2004 and was in intensive care in May 2004. She was hospitalized again in July 2004. She is now awaiting medical clearance to be redeployed to Iraq. She stated that after she informed the Petitioner's Counsel of her medical condition, and in reliance on their continuing negotiation for her to repurchase the subject premises, pursuant to the January 8 agreement, and the several phone conversations she had with the Petitioner's Counsel, she was under the belief that the eviction would be postponed. The Respondent also testified that she made several requests to obtain the buyout price to repurchase the premises but did not receive any communica