823 EAST 147TH STREET HOUSING DEVELOPMENT FUND CORPORATION, pet-land-app v. CARMEN NIEVES, res-ten-res, -and- VICTORINO REYES, ALEJANDRO ARMENTA, PREVIOUSLY SERVED AS “JOHN DOE,” “JOHN DOE” AND “JANE DOE,” res-und

14-441. 823 EAST 147TH STREET HOUSING DEVELOPMENT FUND CORPORATION, pet-land-app v. CARMEN NIEVES, res-ten-res, -and- VICTORINO REYES, ALEJANDRO ARMENTA, PREVIOUSLY SERVED AS "JOHN DOE," "JOHN DOE" AND "JANE DOE," res-und — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Marian C. Doherty, J.), dated June 20, 2014, reversed, without costs, tenant's motion denied, landlord's cross motion for summary judgment of possession granted and matter remanded for a determination of landlord's claim for attorneys' fees. Issuance of the warrant of eviction shall be stayed from 30 days from service of a copy of this order with notice of entry.

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14-441. 823 EAST 147TH STREET HOUSING DEVELOPMENT FUND CORPORATION, pet-land-app v. CARMEN NIEVES, res-ten-res, -and- VICTORINO REYES, ALEJANDRO ARMENTA, PREVIOUSLY SERVED AS “JOHN DOE,” “JOHN DOE” AND “JANE DOE,” res-und — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Marian C. Doherty, J.), dated June 20, 2014, reversed, without costs, tenant’s motion denied, landlord’s cross motion for summary judgment of possession granted and matter remanded for a determination of landlord’s claim for attorneys’ fees. Issuance of the warrant of eviction shall be stayed from 30 days from service of a copy of this order with notice of entry.

The HDFC landlord’s cross motion for summary judgment of possession should have been granted, based upon its persuasive and unrebutted showing that tenant breached the provisions of the governing proprietary lease agreement prohibiting, inter alia, subletting, assigning and making alterations to the apartment premises. Indeed, the motion court acknowledged that “[t]he [landlord] has proven its prima facie case.”

823 EAST 147TH STREET HOUSING DEVELOPMENT FUND CORPORATION, pet-land-app v. CARMEN NIEVES, res-ten-res, -and- VICTORINO REYES, ALEJANDRO ARMENTA, PREVIOUSLY SERVED AS “JOHN DOE,” “JOHN DOE” AND “JANE DOE,” res-und

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