Metcalf v Bresa
Motion No: 2011-00752
Slip Opinion No: 2011 NY Slip Op 64525(U)
Decided on February 17, 2011
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

M115704

E/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-00752

Elizabeth Metcalf, et al., plaintiffs,

v Rino Bresa, et al., defendants.

(Index No. 1927/11)

DECISION & ORDER ON MOTION

Motion by the plaintiffs for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated January 26, 2011, and/or for a Justice of the Court to sign a certain order to show cause annexed to the motion papers, and/or to enjoin the defendants from commencing summary eviction proceedings in the Housing Court.

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

ORDERED that the branches of the motion which are for leave to appeal and/or to sign a certain order to show cause are denied; and it is further,

ORDERED that the branch of the motion which is to enjoin the defendants from commencing summary eviction proceedings in Housing Court is denied as academic.

ANGIOLILLO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court