| 428 E. 66th St. LLC v Meirowitz, Spencer |
| Motion No: 570698/04 |
| Slip Opinion No: 2006 NYSlipOp 74587(U) |
| Decided on August 31, 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. |
August 31, 2006
428 E. 66th St. LLC v Meirowitz, Spencer
It is Ordered that the motion to vacate the stay is denied as academic. Pursuant to CPLR § 5519[e], the stay automatically terminates five (5) days after service of a copy of the order denying leave to appeal, with notice of its entry. By orders of this Court, dated August 18, 2006 and August 20, 2006, the appellant's motions for leave to appeal to the Appellate Division-First Department were both denied. Accordingly, the warrant of eviction may be enforced after expiration of the five days grace period, as permitted by CPLR § 5519[e].
By: McCooe, J.P., Gangel-Jacob, Schoenfeld, J.J.
Motion No. 570698/04