130 Fenimore St., L.L.C., Petitioner v Jesula Denis

130 Fenimore St., L.L.C., Petitioner v Jesula Denis

Motion No: 2008-01720 KC

Slip Opinion No: 2008 NYSlipOp 88149(U)

Decided on October 29, 2008

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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and RIOS, JJ.

NO. 2008-1720 K C

130 FENIMORE STREET, LLC.,

Petitioner,

-against-

JESULA DENIS,

Respondent.

DECISION

Motion by order to show cause by tenant pro se for restoration to possession of the premises and other relief pending determination of the appeal denied.

At the time the instant order to show cause was signed, there was no notice of appeal filed in the Civil Court. We note that a second order to show cause, obtained by tenant subsequent to the filing of a notice to appeal, seeking similar relief is pending.