Hossain v Cherry (2024 NY Slip Op 24265)
Hossain v Cherry
2024 NY Slip Op 24265 [85 Misc 3d 472]
October 4, 2024
Sanchez, J.
Civil Court of the City of New York, Queens County
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 26, 2025
[*1]
MD Alamgir Hossain, Petitioner,
v
Amanda Cherry et al., Respondents.
Civil Court of the City of New York, Queens County, October 4, 2024
APPEARANCES OF COUNSEL
Smith Beauliere and another, respondents pro se.
David Scott Harris, Jamaica, for petitioner.
{**85 Misc 3d at 472} OPINION OF THE COURT
Enedina Pilar Sanchez, J.
Procedural Background:
On June 6, 2024, the decision/order granted petitioner a final judgment of possession and warrant of eviction after an inquest. The holdover was predicated upon a 60-day termination{**85 Misc 3d at 473} notice. Petitioner thereafter obtained the warrant of eviction, and the warrant was executed after Marshal's notice of eviction.
Respondent Beauliere filed a post-eviction order to show cause on September 26, 2024. The emergency order to show cause was first heard on September 27, 2024. During the arguments presented, the other respondent in the courtroom stated that papers were not received. Upon an examination of the affidavit of service, the affidavit provides that service was on a person described as a 13-year-old female.