| Atlantic Westerly Co. LLC v Cohen, Jonathan, et al. |
| Motion No: 570042/06 |
| Slip Opinion No: 2006 NYSlipOp 61431(U) |
| Decided on January 25, 2006 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
January 25, 2006
Atlantic Westerly Co. LLC v Cohen, Jonathan, et al.
It is Ordered that the landlord's motion for a stay of the enforcement of the judgment and warrant of eviction is denied as academic. The Court notes that once the summary proceeding has been dismissed, then no warrant of eviction will be issued by the trial court. The petitioner-landlord's application for a stay of the attorney's fee hearing is denied, without prejudice to renew after the appeal has been perfected. The papers submitted as a cross-motion, not having been timely served, were considered solely in opposition to the motion. ( CPLR § 2215 and 2103[b][2] )
By: Suarez P.J., McCooe, Schoenfeld, J.J.
Motion No. 570042/06