N.K.P. Realty LLC v Jennings, Michael



N.K.P. Realty LLC v Jennings, Michael
Motion No: 570162/07
Slip Opinion No: 2007 NYSlipOp 78629(U)
Decided on September 20, 2007
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.



September 20, 2007

N.K.P. Realty LLC v Jennings, Michael

It is Ordered that the motion for a stay pending an appeal from the August 7, 2007 order of the Civil Court is denied. The Court notes that, by order dated August 30, 2007, the Appellate Term reversed the May 17, 2006 order of the Civil Court that granted tenant's motion to stay the execution of the warrant of eviction. However, said order stayed the execution of the warrant of eviction for 30 days from service of a copy of the order with notice of entry. [ see calendar # 07-172 ] Accordingly, the only recourse is an application for permission to appeal to the Appellate Division-First Department from this Court's August 30, 2007 order determining the appeal and requesting interim relief, if so advised.

By: McCooe, J.P., Schoenfeld, Heitler, J.J.

Motion No. 570162/07