| Matter of QPII-143-45 Sanford Avenue, LLC v Spinner |
| Motion No: 2012-05376 |
| Slip Opinion No: 2013 NY Slip Op 85998(U) |
| Decided on September 20, 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
M162589
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
|
2012-05376 In the Matter of QPII-143-45 Sanford Avenue, LLC, respondent, v Eric L. Spinner, appellant. (Index No. 64132/09)
| DECISION & ORDER ON MOTION |
Motion by appellant to stay his eviction from the subject premises, pending hearing and determination of his motion for leave to reargue an appeal to this Court from an order of the Appellate Term of the Supreme Court, Second, Eleventh, and Thirteenth Judicial Districts dated September 21, 2011, which was determined by decision and order of this Court dated July 3, 2013, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court, which motion was determined by decision and order on motion of this Court dated September 13, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to stay the appellant's eviction is denied as academic in light of the decision and order on motion of this Court dated September 13, 2013, denying the motion for leave to reargue, or, in the alternative, for leave to appeal to the Court of Appeals.
RIVERA, J.P., LEVENTHAL, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court