| Elul Equities, LLC v Shawn Talbert |
| Motion No: 2012-02164 kc |
| Slip Opinion No: 2012 NY Slip Op 89889(U) |
| Decided on October 31, 2012 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Elul Equities, LLC, Respondent, v Shawn Talbert, Appellant, and Sharol Anderson, Undertenant. |
Motion by appellant to be restored to possession of the subject apartment pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated October 5, 2012, and for a stay pending the 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 motion is denied without prejudice to appellant seeking relief in the Civil Court based on the new facts adduced in his motion papers.
ENTER:
Paul Kenny
Chief Clerk