Sylvester Bennett v Isaac Mickens
Motion No: 2014-02575 KC
Slip Opinion No: 2014 NY Slip Op 93588(U)
Decided on December 18, 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.


Appellate Term of the Supreme Court

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

2014-2575 K C
Sylvester Bennett, Respondent, v Isaac Mickens, Appellant.

Motion by appellant to be restored to possession of the premises pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated November 3, 2014, for a stay of reletting and the removal of his possessions, or, in the alternative, for access to retrieve his possessions.

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

ORDERED that the branch of appellant's motion seeking access to the premises to retrieve his possessions is denied without prejudice to appellant seeking that relief in the Civil Court; and it is further,

ORDERED that the remainder of the motion is denied.

ENTER:

Paul Kenny

Chief Clerk