Matter of Evans v New York City
Motion No: 2011-02169
Slip Opinion No: 2011 NY Slip Op 69029(U)
Decided on April 5, 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

M117870

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2011-02169

In the Matter of Christopher P. Evans, respondent,

v New York City, et al., appellants.

(Index No. 80027/10)

DECISION & ORDER ON MOTION

Motion by New York City and New York City Housing Authority for leave to appeal to this Court from an order of the Supreme Court, Richmond County, dated November 19, 2010, and to confirm that an automatic stay of enforcement of the order is in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of the appeal or to stay enforcement of the order pursuant to CPLR 5519(c) pending hearing and determination of the appeal.

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 to confirm that an automatic stay of enforcement of the order is in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of the appeal are granted; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court