Neighborhood Housing Service of New York City, Inc. v
Motion No: 2006-02262
Slip Opinion No: 2006 NYSlipOp 70254(U)
Decided on June 13, 2006
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M40773

S/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2006-02262

Neighborhood Housing Service of New York

City, Inc., et al., respondents, v Daisey Reid,

a/k/a Daisy Reid, appellant, et al., defendants.

(Index No. 17012/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue her prior motion to stay enforcement of a writ of assistance pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 18, 2006, which was determined by decision and order on motion of this court dated May 9, 2006.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and upon reargument the appellant's motion for a stay is granted; and it is further,

ORDERED that pending hearing and determination of the appeal, the writ of assistance is stayed and the respondents are enjoined from taking any actions to evict the appellant from the subject premises, without prejudice to moving to vacate the stay once the foreclosure sale has occurred.

RITTER, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court