| Gruber v Anastas |
| Motion No: 2010-11649 |
| Slip Opinion No: 2011 NY Slip Op 65333(U) |
| Decided on February 28, 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. |
Appellate Division: Second Judicial Department
M115604
T/sl
A. GAIL PRUDENTI, P.J.
RANDALL T. ENG
ARIEL E. BELEN
SANDRA L. SGROI, JJ.
|
2010-11649 Louis J. Gruber, et al., respondents, v Ayreen Anastas, et al, appellants. (Index No. 23053/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal, by permission, from an order to show cause of the Supreme Court, Kings County, dated December 6, 2010, in effect, to enjoin the respondents from relying upon an order of the same court dated November 29, 2010, to evict them from the subject premises pending determination of the appeal or determination by the Supreme Court, Kings County, of the motion brought on by the December 6, 2010, order to show cause, whichever occurs first. Cross motion by the respondents, inter alia, "for [the] Court to consider the issues herein in light of the [o]rder signed by [the Supreme Court, Kings County,] January 13, 2011."
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the respondents are enjoined from relying upon the order dated November 29, 2010, to evict the appellants from the subject premises pending determination of the appeal or determination by the Supreme Court, Kings County, of the motion brought on by the order to show cause dated December 6, 2010, whichever occurs first; and it is further,
ORDERED that the cross motion is denied.
PRUDENTI, P.J., ENG, BELEN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court