required. A Marshal executed on the warrant of eviction on July 26, 2013. Respondent
now moves for an order restoring Respondent to the Subject Premises, staying reletting
of the Subject Premises and for related relief. On August 6, 2013, the court heard
argument and reserved decision.[FN1]
DISPUTED FACTS
Respondent alleges that on July 15, 2013, she traveled to upstate New York
and that she did not return to New York City until Sunday July 21, 2013, when she went
to a birthday dinner in Queens and spent the night there. Respondent asserts that on the
morning of July 22, 2013, she went to the Subject Premises to check her mail and get a
change of clothes, and that there was no Marshal's notice posted on her door, and no
copy of a Marshal's notice had been delivered to her by mail as of said date. Respondent
left and did not return to the Subject Premises again until July 29, 2013, when she
discovered she had been evicted. At that time, Respondent acknowledges a copy of the
Marshal's notice of legal possession was posted on the door to the Subject Premises. On
the same date, when she checked her mail she saw a copy of the Marshal's notice which
had been postmarked July 18, 2013. Respondent further asserts use and occupancy for
August was tendered and received.
Petitioner provides the affidavit of service by Timothy Thompson, a licensed
process server, who asserts that on July 18, 2013 at 6:51 am he posted the notice of
eviction on Respondent's door, with a prior attempt having been made on July 17, 2013
at 2:16 pm . Attached to Petitioner's opposition papers is a photograph of the Marshal's
notice posted on the door to the Subject Premises, advising that Respondent could be
subject to an eviction as early as July 26, 2013, and showing the date of the notice as July