On January 12, 2026, petitioner's attorney and respondent Carla Kohut appeared without an attorney. Respondent informed the Court that she was represented by an attorney from the Hudson Valley Justice Center (hereinafter "HVJC"), however petitioner's counsel told the Court that he received an email from respondent's attorney stating she no longer represented her. The Court granted an adjournment for respondents to have an attorney appear on February 2, 2026. Later that same day, the Court received, via facsimile, a Notice of Appearance from Ms. Christine Moccia of the HVJC.
On February 2, 2026, petitioner and respondent Kohut appeared but respondent's attorney did not. The Court clerks called Ms. Moccia, who apologized and said she thought the appearance was for February 9, 2026. The Court adjourned the matter for one week for respondent's attorney to appear because petitioner indicated a willingness to resolve the matter with a potential settlement.
On February 3, 2026, the Court received, via overnight mail, respondent's motion to [*2]dismiss the holdover petition pursuant to CPLR 3211 (2)(7).FN1
Attorneys for both sides appeared on February 9, 2026, and advised the Court that a settlement could not be reached. Respondent stated she wanted the Court to entertain the motion to dismiss the petition that was filed with the Court. The Court set a motion schedule as follows: Petitioner's opposition was due February 27, 2026; Respondent's reply was due March 6, 2026; and the Court's Decision was due April 13, 2026.