| New York City Hous. Auth. S. Jamaica Houses v Jonathan Headley & Pamela Jackson |
| Motion No: 2013-02299 QC |
| Slip Opinion No: 2014 NY Slip Op 90914(U) |
| Decided on November 10, 2014 |
| 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| New York City Housing Authority South Jamaica Houses, Appellant-Respondent, v Jonathan Headley and Pamela Jackson, Respondents-Appellants. |
Motion by appellant-respondent, in effect, to set aside so much of this court's decision and order on motion dated September 10, 2014 as, on the court's own motion, dismissed appellant-respondent's appeal from so much of an order of the Civil Court of the City of New York, Queens County, entered June 24, 2013, as sua sponte permanently stayed the warrant of eviction, or, in the alternative, for leave to appeal to the Appellate Division from this court's decision and order on motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
It is unclear from the Civil Court's order whether the court implicitly denied the branch of appellant-respondent's motion seeking the issuance of a warrant. In any event, appellant-respondent's notice of appeal limited the appeal to that part of the "order permanently staying the warrant." Moreover, to the extent that the Civil Court did implicitly deny that branch of appellant-respondent's motion, any challenge to that denial was rendered moot by the Civil Court's sua sponte determination to permanently stay the warrant.
ENTER:
Paul Kenny
Chief Clerk