Adelphi Assoc. v Alishame Gardner
Motion No: 2006-01332 KC 10-16-2006
Slip Opinion No: 2006 NYSlipOp 78362(U)
Decided on October 23, 2006
Appellate Term, 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 TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., GOLIA and RIOS, JJ.

NO. 2006-1332 K C
ADELPHI ASSOCIATES,

Respondent,

-against-

ALISHAME GARDNER,

Appellant,

-and-

STEPHANIE MORRIS,

Undertenant.

DECISION

That branch of the motion by appellant to stay reletting of the premises is denied as moot.

That branch of the motion to be restored to possession of the premises pending determination of the appeal is denied.

That branch of the motion for poor person relief is granted.

That branch of the motion seeking a preference is granted and the matter shall be placed on the first available calendar.

A new tenant is in possession of the premises rendering that branch of the application to stay reletting of the premises moot.