| Caldwell v American Package Company, Inc. |
| Motion No: 2006-09362 |
| Slip Opinion No: 2008 NYSlipOp 62452(U) |
| Decided on January 31, 2008 |
| 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
M65617
E/sl
ROBERT A. SPOLZINO, J.P.
HOWARD MILLER
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2006-09362 John Caldwell, et al., appellants-respondents, v American Package Company, Inc., respondent-appellant. (Index No. 24241/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay enforcement of so much of two orders of the Supreme Court, Kings County, dated August 3, 2007, and August 8, 2007, respectively, as directed them to pay use and occupancy and to enjoin the respondent-appellant from taking any action to evict them from the subject premises, pending determination of an appeal and cross appeal from the order dated August 3, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of so much of the orders dated August 3, 2007, and August 8, 2007, respectively, as directed the appellants-respondents to pay use and occupancy is stayed and the respondent-appellant, its attorneys, employees, or agents are enjoined from taking any action to evict the appellants-respondents from the subject premises, pending determination of the appeal and cross appeal from the order dated August 3, 2007.
SPOLZINO, J.P., MILLER, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court