Matter of Drice v New York City Housing Authority
Motion No: 2008-10792
Slip Opinion No: 2009 NYSlipOp 60225(U)
Decided on January 8, 2009
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

M80841

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2008-10792

In the Matter of Phillippe E. Drice, petitioner,

v New York City Housing Authority, et al.,

respondents.

(Index No. 25547/07)

DECISION & ORDER ON MOTION

Motion by the New York City Housing Authority, Tino Hernandez, and Ricardo Elias Morales for leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 3, 2008, and to confirm that an automatic stay exists with respect to the order, pursuant to CPLR 5519(a)(1), or for a discretionary stay pursuant to CPLR 5519(c) 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., MILLER, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court