| Schmitt v City of New York |
| Motion No: 2007-01863 |
| Slip Opinion No: 2007 NYSlipOp 64313(U) |
| Decided on March 2, 2007 |
| 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. |
Appellate Division: Second Judicial Department
M51554
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2007-01863 John Schmitt, et al., respondents, v City of New York, appellant. (Index No. 4937/07)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Queens County, dated February 26, 2007, to confirm that an automatic stay pursuant to CPLR 5519(a)(1) is in effect with regard to the enforcement of a temporary restraining order contained in the order dated February 26, 2007, or to stay enforcement of the temporary restraining order pursuant to CPLR 5519(c) pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is to confirm that an automatic stay is in effect is denied; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the temporary restraining order pursuant to CPLR 5519 (c) is granted; and it is further,
ORDERED that the temporary restraining order contained in the order dated February 26, 2007, is stayed, pending hearing and determination of the appeal, and the defendant is authorized to evict the plaintiffs from the subject real property by executing the same warrants upon which the plaintiffs were previously evicted.
SANTUCCI, J.P., KRAUSMAN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court