Guilbaud v Julien
Motion No: 2007-11208
Slip Opinion No: 2007 NYSlipOp 87391(U)
Decided on December 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M64159

E/sl

STEVEN W. FISHER, J.P.

ROBERT A. LIFSON

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-11208

Carl Guilbaud, plaintiff,

v Burtland Julien, defendant.

(Index No. 30050/07)

DECISION & ORDER ON MOTION

Motion by the plaintiff, in effect, for leave to appeal to this court from an order of the Supreme Court, Queens County, dated December 5, 2007, and, inter alia, to stay his eviction 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 denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

FISHER, J.P., LIFSON, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court