Cucinotta v. Hanulak

In Cucinotta v. Hanulak, 231 AD2d 904, 905, 647 N.Y.S.2d 625 (4th Dept. 1996), the Fourth Department overruled a lower court's sua sponte amendment of Real Property Law 227-a(2) to render timely a senior citizen's untimely notice of vacation to her landlord: "The order and judgment cannot be sustained on grounds of equity and fair play or on the ground that plaintiff complied with the statute in spirit.'" Id. Doing so, the court observed, effectively conferred equity powers upon a court specifically forbidden them. See Id.