102-116 EIGHTH AVENUE ASSOC. v. OYOLA

Under the particular facts and circumstances of record in this summary nonpayment proceeding, Civil Court properly exercised its discretion and for good cause vacated the warrant of eviction so as to restore respondent to possession of the subject premises (see Parkchester Apts. Co. v. Scott, 271 A.D.2d 273; Parkchester Apts. Co. v. Heim, 158 Misc.2d 982, 983-984).

We have considered petitioner's various arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.