Ifeanyi Aguoji v Chinenye Aguoji
Motion No: 2012-02773 kc
Slip Opinion No: 2013 NY Slip Op 61219(U)
Decided on January 4, 2013
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JAIME A. RIOS

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2012-2773 K C
Ifeanyi Aguoji, Respondent, v Chinenye Aguoji, Appellant.

Motion by appellant to stay the removal of appellant's possessions from the subject premises pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated December 19, 2012, and for an order directing access to the premises on a date certain.

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 renewing her motion in the Civil Court.

The Civil Court's order dated December 19, 2012 denied appellant's motion seeking additional time to remove her possessions, on the ground that there was "not sufficient certainty" that appellant would receive financial assistance from the Human Resources Administration (HRA) to remove her possessions, as appellant claimed she would. On December 24, 2012, HRA approved appellant's request. Accordingly, appellant's motion for a stay pending appeal and to direct access is denied without prejudice to appellant renewing her motion in the Civil Court.

ENTER:

Paul Kenny

Chief Clerk