Rr Reo 11, L.L.C. v Theresa Omeje, Et Al., Tenants & Patrick Omeje
Motion No: 2010-01548 kc
Slip Opinion No: 2010 NY Slip Op 87534(U)
Decided on November 4, 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

MICHAEL L. PESCE, P.J.

JOSEPH G. GOLIA

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2010-1548 K C
RR Reo 11, LLC., Respondent, v Theresa Omeje, et al., Tenants and Patrick Omeje, Appellant.

WARNING:

YOUR FAILURE TO APPEAR

IN COURT MAY RESULT IN

YOUR IMMEDIATE ARREST

AND IMPRISONMENT FOR

CONTEMPT OF COURT.

Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 22, 2010, (1) to compel respondent to comply with an order of this court dated August 12, 2010 which, among other things, directed respondent to restore appellant to the premises forthwith pending the determination of the appeal, and (2) in effect, to continue the stay contained in the order of this court dated August 12, 2010. Cross motion by respondent to vacate the stay contained in the order of this court dated August 12, 2010, or, in the alternative, to condition the stay upon the payment of use and occupancy, and for other relief.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition to the motion, it is

ORDERED that the branch of the motion by appellant seeking to compel respondent to comply with the order of this court dated August 12, 2010 is granted to the extent of directing respondent to show cause before this court at 2:30 P.M. on November 15, 2010 at 360 Adams Street, Brooklyn, New York, Courtroom No. 974, why an order should not be made punishing respondent for contempt for failing to comply with the order of this court dated August 12, 2010; and it is further,

ORDERED that the remainder of the motion, and the cross motion, are held in abeyance pending the contempt hearing.

ENTER:

Paul Kenny

Chief Clerk