Matter of Banos v Rhea
Motion No: 2012-08092
Slip Opinion No: 2013 NY Slip Op 74904(U)
Decided on May 24, 2013
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

M156951

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, 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 Coney Island Towers, LLC, on an appeal, by permission, from an order of the Supreme Court, Kings County, dated July 9, 2012, to direct the petitioner-respondent or the appellants to pay use and occupancy for the subject premises, or to vacate all stays in a proceeding entitled Coney Island Towers, LLC, v Banos, pending in the Civil Court of the City of New York, Kings County, Housing Part, under Index No. 110879/11.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court