RPAPL 749 requires the court, after rendering a final judgment, to issue a warrant of eviction. This court has the discretionary power in a holdover proceeding to grant a reasonable stay (Jones v Allen, 185 Misc 2d 443, 448 [App Term, 2d Dept 2000]; see CPLR 2201 [providing that a stay should be granted "upon such terms as may be just"]). The court will hold a hearing to determine a just date for the warrant of eviction to issue. The clerk of the court will advise the parties of the hearing date.
Footnotes
Footnote 1:Brown had obtained a stay of the warrant of eviction pending the determination of the appeal. Thus, the phrase "returned possession of the apartment back to Brown" in this context means Brown had lawful possession of the premises going forward.
Footnote 2:If the weight of the proof is equal, then Brown would fail in his defense because Real Property Law § 223-b places the initial burden of proof upon Brown.
Footnote 3:The only relevant photo was attached as an exhibit to Brown's answer (but not offered into evidence). That exhibit depicted a mouse on a glue trap. The photograph bore a date of August 9, 2018, more than a week after MLR served Brown with the notice to quit. Thus, even if the exhibit had been offered and admitted into evidence, the timing makes it irrelevant. But it does seem strange that if Brown indeed had pictures of mice that predated the notice to quit, he would have attached those pictures as exhibits to his answer and/or offered them into evidence at trial. Thus, the court draws an inference against Brown's assertion of a rodent problem.