Matter of B. (Anonymous), John, also known as G. (Anonym
Motion No: 2013-08127
Slip Opinion No: 2013 NY Slip Op 84848(U)
Decided on September 11, 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

M161909

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2013-08127

In the Matter of John B. (Anonymous), also

known as John G. (Anonymous).

Robert Doar, etc., appellant; CAH Company,

nonparty-respondent.

(Index No. 14610/13)

DECISION & ORDER ON MOTION

Motion by Robert Doar for leave to appeal to this Court from an order to show cause of the Supreme Court, Queens County, dated August 5, 2013, and to stay the respondent or anyone acting on its behalf, including City Marshall Alfred E. Locascio or any other City Marshall, from evicting John B. From the subject premises pending determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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 the eviction of John B. from the subject premises is granted to the extent that the respondent or anyone acting on its behalf, including City Marshall Alfred E. Locascio or any other City Marshall, is stayed from evicting John B. from the subject premises pending further order of this Court or the Supreme Court, Queens County; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court