| Matter of Banos v Rhea |
| Motion No: 2012-08092 |
| Slip Opinion No: 2012 NY Slip Op 84428(U) |
| Decided on September 12, 2012 |
| 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
M143376
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2012-08092 In the Matter of Tayinha Banos, petitioner-respondent, v John Rhea, etc., et al., appellants, et al., respondent. (Index No. 4576/12)
| DECISION & ORDER ON MOTION |
Motion by John Rhea and New York City Housing Authority, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated July 9, 2012, and to stay all proceedings in the above-entitled matter, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 13, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 13, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the petitioner-respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court