Vargas v Wolfe
Motion No: 2014-10750
Slip Opinion No: 2015 NY Slip Op 65930(U)
Decided on March 5, 2015
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

M188489

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2014-10750

Jennifer Vargas, etc., appellant,

v David Wolfe, etc., et al., defendants,

Vincent J. Lanuto, Jr., respondent.

(Index No. 23301/12)

DECISION & ORDER ON MOTION

Appeal by Jennifer Vargas from an order of the Supreme Court, Queens County, dated October 29, 2014. By decision and order on motion dated December 19, 2014, this Court granted the appellant's motion to stay enforcement of a judgment of possession in a matter entitled Lanuto v Vargas, pending in the Civil Court of the City of New York, Queens County, under Index No. 78621/11, as well as the warrant of eviction of the same court dated August 13, 2014, concerning premises located at 111-36 117th Street, Ozone Park, New York, on condition, inter alia, that the appeal was perfected on or before January 20, 2015. The appellant has not perfected the appeal.

Now, on the Court's own motion, it is

ORDERED that the stay granted by the decision and order on motion dated December 19, 2014, is vacated forthwith.

SKELOS, J.P., DILLON, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court