Fairfield 1240 W. Broadway, LLC v Nicole Mcfarlane
Motion No: 2010-02082 nc
Slip Opinion No: 2010 NY Slip Op 85040(U)
Decided on October 5, 2010
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

DENISE F. MOLIA, J.P.

MELVYN TANENBAUM

JOHN R. LACAVA, JJ.

DECISION & ORDER ON MOTION

2010-2082 N C
Fairfield 1240 West Broadway, LLC, Respondent, v Nicole McFarlane, Appellant.

Motion by appellant to be restored to possession of the premises pending the determination of an appeal from an order of the District Court of Nassau County, First District, entered August 6, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied without prejudice to renewal upon proper papers.

The affidavits of service fail to state the dates upon which the motion papers were served on respondent and the new tenant in possession.

ENTER:

Paul Kenny

Chief Clerk