successors or assigns and any City Marshal from taking any action to evict the IP from his
apartment for a period of sixty (60) days after the qualification of the guardian. (Exhibit A).
However, in direct contravention of this court's order, the landlord, 2383 Realty Corp. and the
City Marshal, proceeded with the eviction of the IP during the time this court's stay was in place.
By order of Bronx Housing Court Judge Kevin McClanahan dated July 17, 2009, Judge
McClanahan found that the IP's eviction was "unlawful" and he directed that the IP be restored to
possession of the subject premises. (Exhibit B). New York Foundation asserts that in late May of
2009, the IP was called to Puerto Rico because his mother was gravely ill and she subsequently
passed away. When the IP returned from Puerto Rico, he found that he had been [*2]evicted from his apartment, his possessions had been removed from
the apartment and his apartment was infested with maggots and vermin because the landlord
and/or its agents left the refrigerator door open, thereby allowing the vermin infestation to occur.
Counsel for New York Foundation then filed the post-eviction application before Judge
McClanahan. New York Foundation qualified as the IP's guardian on April 7, 2009. Therefore,
the eviction action was extended through and including June 6, 2009. However, on June 3, 2009,
the landlord instructed the City Marshal to serve a six (6) day notice of eviction on the IP and the
eviction occurred on June 12, 2009. The IP did not receive notice of the eviction as he was in
Puerto Rico at the time and the landlord failed to notify New York Foundation of the eviction,
despite the fact that the landlord was aware of the guardianship proceeding and received a copy