Landlord appeals from an order of the Civil Court, New York County, dated January 30, 2003 (Delores, J. Thomas, J.) which denied landlord's motion for a continuance of the traverse, sustained the traverse, vacated a default final judgment of possession and warrant of eviction, dismissed the petition and restored tenant to possession in a commercial nonpayment proceeding. Landlord further appeals from an order of the same court and Judge entered April 15, 2003 (Delores J. Thomas, J.) which denied landlord's motion for reargument.

PER CURIAM:

Order dated January 30, 2003 (Delores J. Thomas, J.) reversed, with $10 costs, and the matter is remanded to the Civil Court for a traverse hearing.

Appeal from order dated April 15, 2003 (Delores J. Thomas, J.) dismissed, without costs, as nonappealable.

In this commercial nonpayment proceeding, the court's refusal to grant landlord an adjournment of the traverse so that it could produce proof of the certified mailings of the demand for rent and nonpayment petition was an improvident exercise of discretion. The short adjournment requested was not for purposes of delay and proof of the postal documents was [*2]material and necessary to landlord's case (Balogh v H.R.B. Caterers, 88 AD2d 136, 141 [1982]). Accordingly, the matter is remanded for a traverse to determine whether good service was effected. In the event the traverse is overruled, the court shall consider whether tenant is entitled to discretionary relief from the default judgment (see Cipriano v Hank, 197 AD2d 295).

This constitutes the decision and order of the court.