stays are vacated. The prior orders of appointment of Self-Help Community Services, Inc. is
vacated and the Guardian is discharged. The Guardian to file a final account forthwith. The
Landlord/Tenant matter is transferred back to the Housing Court forthwith.[*5]On September 6, 2011, Petitioner moved for an order restoring the
case to the calendar and transferring the matter back to Part for what it labeled as a continue
"inquest." The motion was returnable in Part H. The Court (Stanley,J) granted the motion to the
extent of restoring it to the calendar, and referred the balance of the motion to Part R for
determination. The proceeding was transferred to part R. The proceeding was adjourned in Part R
by the Court (Halperin, J) to October 13, 2011. On October 13, 2011, the Court granted
Petitioner's motion to the extent of setting the matter down for an immediate trial on that date.
Apparently, the Court (Halperin,J) attempted to commence a second and new trial in this
proceeding on October 13, 2011, but Respondent acted in a disruptive matter and prevented the
proceeding from moving along. The October 27, 2011 affirmation of Eileen O'Toole asserts:
... the Respondent refused to proceed and engaged in a filibuster, continuing to argue against
restoration of the proceeding for trial. In response, noting that the Respondent's Answer had been
stricken, the Court recommended that Petitioner move for summary judgment in lieu of trial. As
it appeared that the issues raised in this proceeding could at this juncture be resolved in this
manner, Petitioner accepted the Court's recommendation. This resulted in a second decision and
order dated October 13, 2011 directing a schedule for papers on the motion.
The second order issued by the Court on October 13, 2011 provides: