Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)

Citation: Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)
Parent Document: Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-01-21
Original Source: https://www.courtlistener.com/opinion/4849318/matter-of-cabrera-v-humphrey/ ↗

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To the extent that respondent is arguing that Supreme Court, even if it had jurisdiction, lacked the authority to accept the filing of this proceeding as an essential matter, we disagree. On March 22, 2020, the Chief Administrative Judge ordered that courts not accept any filings except in essential matters, which were defined in an exhibit attached to the administrative order (see Admin Order of Chief Admin Judge of Cts AO/78/20). Although the exhibit's category of essential matters in civil or housing courts did not include holdover summary eviction proceedings, the list of essential matters included a catch-all provision, for all courts, covering "any other matter that the court deems essential" (Admin Order of Chief Admin Judge of Cts AO/78/20). Supreme Court accepted this proceeding as an essential matter, presumably based on its indication that the purchasers were now homeless because they had relinquished their former home in anticipation of closing on the property, which closing was delayed only by [*3]respondents' refusal to vacate the premises. We will not disturb the court's exercise of its discretion to deem this an essential matter.

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