Tenant Can't Stop Judge from Issuing Order in Nonpayment Case

May 31, 2006

LVT Number: 18903

Tenant sued a housing court judge. Tenant claimed that the judge had no authority to hear or decide any issues in a nonpayment case started by landlord against tenant. Landlord was in the process of appealing a ruling by another judge in a prior nonpayment case. Tenant also asked the court to vacate the judge's 2005 order in the new nonpayment case. The court ruled against tenant. The Supreme Court had no authority to vacate orders of the civil court. Tenant should have appealed the housing court ruling or asked for permission from the Appellate Term to appeal.

Tenant sued a housing court judge. Tenant claimed that the judge had no authority to hear or decide any issues in a nonpayment case started by landlord against tenant. Landlord was in the process of appealing a ruling by another judge in a prior nonpayment case. Tenant also asked the court to vacate the judge's 2005 order in the new nonpayment case. The court ruled against tenant. The Supreme Court had no authority to vacate orders of the civil court. Tenant should have appealed the housing court ruling or asked for permission from the Appellate Term to appeal. The court also said that even if it had the authority to stop the housing court judge from issuing an order, it wouldn't do so because the housing court judge acted within her authorized power to decide the nonpayment case issues.

Maddox v. Milin: NYLJ, 5/26/06, p. 22, col. 1 (Sup. Ct. NY; Tolub, J)

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