| Matter of Kaplan v New York City Department of Housing Pr |
| Motion No: 2013-02754 |
| Slip Opinion No: 2013 NY Slip Op 85237(U) |
| Decided on September 13, 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. |
Appellate Division: Second Judicial Department
M162218
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2013-02754 In the Matter of Dana Kaplan, appellant, v New York City Department of Housing Preservation and Development, et al., respondents. (Index No. 11274/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a warrant of eviction issued pursuant to an order of the Housing Court, Kings County, dated May 16, 2013, issued in a matter entitled Matter of Cadman Towers, Inc., v Kaplan, pending in the Housing Court, Kings County, under Index No. 70143/12, pending hearing and determination of an appeal from a judgment of the Supreme Court, Kings County, dated November 5, 2012, and, in effect, to amend so much of a decision and order on motion of this Court dated April 1, 2013, as conditioned a stay upon the perfection of the appeal by May 1, 2013. Cross motion by the respondent Cadman Towers, Inc., to vacate the stay granted by the decision and order on motion of this Court dated April 1, 2013. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, enforcement of the warrant of eviction issued pursuant to the order dated May 16, 2013, in the proceeding entitledo Matter of Cadman Towers, Inc., v Kaplan, is stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before October 15, 2013; and it is further,
ORDERED that the decision and order on motion of this Court dated April 1, 2013, is amended by deleting therefrom the date "May 1, 2013," and substituting therefor the date "October 15, 2013"; and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that the application is denied as academic; and it is further,
ORDERED that if the appeal is not perfected by October 15, 2013, the stays will be vacated without further notice.
RIVERA, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court