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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Full Text

1,407 chars
Moreover, as relevant here, Executive Order No. 202.8 — issued March 20, 2020 — declared that "[t]here shall be no enforcement of . . . an eviction of any tenant . . . for a period of [90] days" (Executive Order [Cuomo] No. 202.8 [9 NYCRR 8.202.8]). Executive Order Nos. 202.55 and 202.55.1 extended the stay on enforcements through September 4, 2020 (see Executive Order [Cuomo] No. 202.55 [9 NYCRR 8.202.55]; Executive Order [Cuomo] No. 202.55.1 [9 NYCRR 8.202.55.1]), which included the time when petitioner commenced this proceeding. On September 4, an order extended the stay until October 4, 2020 (see Executive Order [Cuomo] No. 202.60 [9 NYCRR 9.202.60]) and, on October 4, 2020, Executive Order No. 202.67 "continue[d] the suspensions and modifications of law, and any directives not superseded by a subsequent directive . . . through November 3, 2020" (Executive Order [Cuomo] No. 202.67 [9 NYCRR 8.202.67]). Because these executive orders prohibit enforcement of residential evictions, without any exceptions for holdover proceedings or warrants issued based on stipulations, Supreme Court was precluded from ordering enforcement of the warrant to evict respondents. Further executive orders have extended the stay on enforcements to December 3, 2020 (see Executive Order [Cuomo] No. 202.72 [9 NYCRR 8.202.72]), then to January 1, 2021 (see Executive Order [Cuomo] No. 202.79 [9 NYCRR 8.202.79]).