Real Estate & Property Law

Judge orders NY man out of his parents' home, says he isn't entitled to 6 months' notice

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A judge in upstate New York has ordered a 30-year-old man to leave his parents’ home, even as he praised his legal research.

Supreme Court Justice Donald Greenwood, a trial-level judge, said Michael Rotondo has to leave the home in Camillus, New York, and he isn’t entitled to six months’ notice. Publications with coverage include Syracuse.com, ABC, the Washington Post and NPR.

Greenwood also ordered adult protective services to investigate the parents’ well-being. Their lawyer said they want the option to sell their home and move to a smaller place.

During a 30-minute hearing, Rotondo argued he was entitled to stay an additional six months and cited a case that supported the proposition in cases of family members facing eviction. Greenwood praised the research, but pointed to an appellate ruling that overrode Rotondo’s case and favored the parents.

Rotondo also told the judge that a notice of the hearing gave the incorrect room number. Greenwood responded that Rotondo had still managed to find the courtroom.

Rotondo’s parents, Christina and Mark Rotondo, had given their son several written warnings that he must leave, CNYCentral.com previously reported. The notes offered him $1,000 to help him find a place to stay, told him to get a job and advised him to sell unnecessary belongings, including “any weapons you may have.”

After the hearing, Rotondo said he accepted the $1,100, but he used it for other “expenses.”

He told reporters he assumed he would get 30 days or so to vacate the premises. He acknowledged it sounded as if his eviction was immediate, but said, “That’s just so ridiculous.” He said he intended to appeal.

According to Syracuse.com, the judge didn’t impose a specific deadline in court. The lawyer for Rotondo’s parents, however, said he would draft an eviction order that would give Rotondo a reasonable period to leave.

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