e of termination signals to a tenant an intention to evict them. Quoting from Casey v Whitehouse Estates, Inc. (73 Misc 3d 562 [Sup Ct, NY County 2021]), respondent posits that the "definition [of the word eviction] should itself be construed broadly to further the Legislature's aim of avoiding public-health, economic, and social harms from residential evictions during the COVID-19 pandemic." (NYSCEF Doc No. 12, respondent's atty affirmation ¶ 17; Casey at 568 [stating that use of the term "eviction proceeding" should be construed broadly under chapter 417 of the Laws of 2021, without defining the word "evict"].)
Respondent's reply affirmation cites to nonbinding authority from this court—namely, 100 Realty Equities LLC v Tian (78 Misc 3d 1233[A], 2023 NY Slip Op 50411[U] [Civ Ct, NY County 2023])—in an effort to eschew the general principle of statutory interpretation that the omission of a provision or a word that the Legislature applied elsewhere in the statute gives rise to an irrefutable inference that the Legislature intended its omission. (NYSCEF Doc No. 12, respondent's atty affirmation in reply ¶ 20.) In Tian, which respondent quotes from at great length, the court conducted an in-depth examination of the ERAP statute and acknowledged that the Legislature provided for dismissal of a holdover proceeding in another provision of the statute but did not provide for dismissal of an eviction proceeding commenced within 12 months of a landlord's first acceptance of an ERAP payment. (Tian, 2023 NY Slip Op 50411[U], *2, citing Park Cent. I LLC v Price, 2022 NY Slip Op 31909[U] [Civ Ct, Bronx County 2022] [acceptance of ERAP requires dismissal in only one instance, and in all other cases, litigation may continue].)[FN4] Notwithstanding the foregoing, the Tian court cons