| Moshe Realty, LLC v Horatio Gayle |
| Motion No: 2013-00180 kc |
| Slip Opinion No: 2013 NY Slip Op 66386(U) |
| Decided on February 28, 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. |
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
| Moshe Realty, LLC, Respondent, v Horatio Gayle, Appellant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, dated January 29, 2013, to punish respondent for contempt for failing to comply with a temporary stay contained in an order to show cause of a Justice of this court dated January 29, 2013.
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 renewal upon proper papers.
A motion to punish for contempt must comply with the notice and warning requirements of Judiciary Law § 756. In addition, respondent's counsel states that the supporting papers were not served upon him.
ENTER:
Paul Kenny
Chief Clerk