Per Curiam.
Dismissal of the petition was required upon the uncontradicted proof of acceptance of rent between the time of the notice served pursuant to subdivision 2 of section 52 and subdivision 2 of section 53 of the State Rent and Eviction Regulations and the commencement of the summary proceeding. ( Guy v. Furman, 4 Misc.2d 564.)
The final order should be reversed, with $30 costs, and petition dismissed, with costs, without prejudice to renewal upon proper notice.
Concur — HECHT, J.P., STEUER and TILZER, JJ.
Final order reversed, etc.