Mary Depaolo v Shatina Thomas & Bruce Edwards
Motion No: 2007-00144 QC 05-29-2007
Slip Opinion No: 2007 NYSlipOp 73664(U)
Decided on July 11, 2007
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.


At a term of the Appellate Term of the Supreme Court

of the State of New York for the 2nd & 11th Judicial Districts

JULY 11, 2007

HON. JOSEPH G. GOLIA, J.P.

HON. JAIME A. RIOS

HON. ARIEL E. BELEN, JJ.

2007-00144 Q C
MARY DePAOLO,
Respondent,
-against-

SHATINA THOMAS and BRUCE EDWARDS,
Appellants.

The above named appellants having appealed to this court from an ORDER of the CIVIL COURT, CITY OF NEW YORK, QUEENS COUNTY entered on JANUARY 11, 2007, and the RESPONDENT having moved this court by notice of motion returnable MAY 29, 2007 for LEAVE TO RE-EXECUTE THE WARRANT OF EVICTION AND TO DISMISS THE APPEAL and said motion having duly come on to be heard;

Now, on reading the papers filed in support of said motion and no papers having been filed in opposition thereto, and due deliberation having been had thereon, it is,

ORDERED that the branch of the motion for leave to re-execute the warrant of eviction is denied. On the court's own motion, stay pending the determination of the appeal is continued on condition the appellant shall continue to comply with all the other conditions of the order of this court dated February 9, 2007 and shall perfect the appeal by September 7, 2007; and it is further,

ORDERED that the branch of the motion to dismiss appeal for failure to prosecute is denied and the appeal shall be perfected by tenants-appellants by September 7, 2007; and it is further,

ORDERED that in the event that any of the conditions for remaining in the premises following restoration are not met, landlord may move in this court for leave to re-execute the warrant of eviction; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 7, 2007, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.

HON. JAIME A. RIOS

ASSOCIATE JUSTICE

Appellate Term