| NYCHA-Harlem Riv. Houses v Rudolph, Celestine, et al. |
| Motion No: 570694/08 |
| Slip Opinion No: 2008 NYSlipOp 90110(U) |
| Decided on November 25, 2008 |
| 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. |
November 25, 2008
NYCHA-Harlem Riv. Houses v Rudolph, Celestine, et al.
It is Ordered that the motion is granted only to the extent of staying the execution of the warrant of eviction through December 31, 2008. The Court notes that the appellant has failed to diligently prosecute the appeal from a trial held on April 30, 2008, and the tenant of record never pursued an Article 78 proceeding challenging the adverse administrative determination of the New York City Housing Authority, dated December 6, 2006, terminating the tenancy. If the appellant decides to pursue the appeal, she may proceed on the original record of the trial court and hand-written briefs.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570694/08