stated she had failed to appear due to a mild heart attack and kidney failure, and that this
had resulted in her being required to reapply for a one shot deal. Respondent requested
an APS referral based on her medical condition, which she asserted had resulted in
deteriorating eye sight and attached a note from a doctor stating Respondent had missed
court because of gastroenteritis, and asking that the court make a referral to APS on
behalf of Respondent.
The motion was returnable on October 29, 2015, both parties appeared and the
motion was adjourned to November 5, 2015, when Petitioner filed a cross motion
seeking " an additional possessory judgment for $3,230 in additional maintenance
representing attorney's fees accrued by Petitioner in this matter since April 29, 2015". On
November 5, 2015, the court (Black, J) granted Respondent's motion to the extent of
staying execution through November 9, 2015, for payment of $1965.76 and then through
November 24, 2015, for payment of $5956.59. The court noted the stay was granted in
part due to Respondent's health issues and based on a pending application for assistance
with DSS. The order makes no reference to the cross-motion. Petitioner acknowledges
payment of $7922.35 in November 2015. Respondent thus satisfied the total payments
required by Judge Black's order and was entitled to a zero balance and dismissal of the
proceeding at that point.
On November 24, 2015, Respondent applied for her sixth OSC. Respondent stated
DSS required an accurate rent breakdown in order to process Respondent's application,
that she was able to pay November maintenance and that she still had not received the
results of the money order trace from October 2014. The motion was returnable