In Sears v. Okin , Roy Sears sought to evict, Michele Okin, a former domestic partner, from his home.
Okin had acquired possession of the property by way of an arrangement reached in Family Court. When that agreement expired in June of 2006, Okin refused to leave, causing Sears to bring a holdover proceeding.
After the Orange County Justice Court ruled in Sears' favor, Okin appealed to the Appellate Term, Second Department, contending that the Justice Court had exceeded its "jurisdiction" -- its statutory and constitutional powers -- by awarding Sears specific performance of an agreement to vacate. While that was a creative argument, the AT2 didn't buy it, particularly since the proceeding had clearly been one to recover possession of property "after the expiration of [Okin's] right to remain in possession."
Still, the AT2 still threw Okin a bone.
The court noted that the parties' two minor children resided with Okin, and that there was a Family Court support order in existence. Since the AT2 couldn't determine whether that support order included an allowance for alternate housing, the AT2 stayed the eviction until the Family Court clarified or modified the existing agreement.
For a copy of the Appellate Term's decision, please use this link: Sears v. Okin