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Decided on April 6, 2011
District Court Nassau County, First District

LT-007033-10
REPRESENTATION:
O'Brien & Manister, P.C. Attorneys for Petitioner, 120 Bethpage Road, Suite 304, Hicksville, New York 11801, 516-942-7801; Law Offices of George M. Gavalas, P.C., Attorneys for Respondent, 200 Old Country Road, Mineola, New York 11501, 516-746-1515.
Scott Fairgrieve, J.
The following named papers numbered 1 to 3
submitted on this Motion on February 24, 2011

papers numbered
Notice of Motion and Supporting Documents1Order to Show Cause and Supporting Documents
Opposition to Motion2
Reply Papers to Motion3
On July 10, 2004, the petitioner and respondent entered into a lease agreement to commence on August 1, 2004 and terminate on July 31, 2009. The lease agreement terminated on July 31, 2009 and the respondent held over the premises, creating a month-to-month tenancy. The petitioner initiated a holdover proceeding on December 1, 2010. Prior to the commencement of this holdover proceeding, the petitioner attempted to terminate the month-to-month tenancy and requested the respondent to vacate the premises. The petitioner provided a thirty (30) day notice to the President of the respondent corporation stating:
". . . owner and Landlord of the premises known as 160 Denton Avenue, Garden City Park . . . hereby elects to terminate as of NOVEMBER 30, 2010 your monthly tenancy covering the premises occupied by you.
You and all other persons occupying said premises are hereby notified that you are required to quit the same and surrender possession thereof to the undersigned on or before NOVEMBER 30, 2010, the expiration day of your term. [*2]
Upon your failure to remove from the said premises, summary proceedings under the statute to remove you therefrom for the holding over after the expiration of your term will be begun by the undersigned."
The above thirty (30) day notice was sent to the respondent via certified mail to the President of the respondent-corporation. The return receipt signed by the President of the respondent

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