In Yu-Dan Wong v. Kenneth Ming Wei Wong, 128 AD3d 536, 10 NYS3d 30 (1st Dept, 2015), the lower court had stayed the holdover proceeding brought by the husband's brother to evict the wife from a cooperative apartment which she had shared with her husband and child. The Appellate Division, First Department upheld the stay because: "A stay is warranted to avoid plaintiff's eviction pending resolution of the divorce proceeding (see Ricatto, 4 AD3d at 515, 772 N.Y.S.2d 705; see also Societe Anonyme Belge D'Exploitation de La Navigation Aerienne [Sabena] v. Feller, 112 AD2d 837, 839-840, 492 N.Y.S.2d 756 [1st Dept 1985]). Domestic Relations Law 236(B)(5)(f) permits a court to issue an order regarding the use and occupancy of the marital home, "without regard to the form of ownership of such property." As Supreme Court noted, it has yet to be determined in the divorce action whether the apartment is marital property and, if it is, how it might be equitably distributed. Appellant has not shown that the property is not marital property, as there is evidence in the record that defendant acquired the property during his marriage with plaintiff (see Domestic Relations Law 236[B][1][c]; see also Massimi v. Massimi, 35 AD3d 400, 402, 825 N.Y.S.2d 262 [2d Dept 2006], lv. denied 9 N.Y.3d 801, 840 N.Y.S.2d 566, 872 N.E.2d 252 [2007])."