| Halle, Harold v Abduljaami, Saboor H. |
| Motion No: 570442/07 |
| Slip Opinion No: 2009 NY Slip Op 87355(U) |
| Decided on October 30, 2009 |
| 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. |
October 30, 2009
Halle, Harold v Abduljaami, Saboor H.
It is Ordered that the motion to hold the petitioner-landlord and the trial court judge in contempt of this Court is denied. The appellant failed to request or even note that an automatic second-step stay, pursuant to CPLR § 5519[e], may have been involved. Accordingly, the motion to hold a party in contempt for allegedly violating an unspecified stay is denied. Additionally, Judge Marton, in an order dated October 2, 2009, marked the attorney's fee hearing off the calendar without prejudice to restoration, when the stay is no longer in effect. Furthermore, that motion for permission to appeal to the Appellate Division-First Department was denied by this Court on October 8, 2009.
By: McKeon, P.J., Heitler, Shulman, J.J.
Motion No. 570442/07