Matter of 17th Holding, LLC v Rivera
Motion No: 2009-00937
Slip Opinion No: 2009 NYSlipOp 63113(U)
Decided on February 6, 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

M82201

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2009-00937

In the Matter of 17th Holding, LLC, petitioner,

v Wendy Rivera, respondent.

(Index No. 65248/01)

DECISION & ORDER ON MOTION

Motion by Wendy Rivera, inter alia, for leave to appeal to this court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated September 29, 2008, which reversed a judgment of the Civil Court of the City of New York, Queens County, entered February 4, 2005, and to stay her 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.

SPOLZINO, J.P., RITTER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court