Housing Urban Development, LLC v Kirton
Motion No: 2015-05449
Slip Opinion No: 2015 NY Slip Op 80198(U)
Decided on July 28, 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

M196150

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

THOMAS A. DICKERSON

BETSY BARROS, JJ.

2015-05449

Housing Urban Development, LLC, respondent,

v Oscar Kirton, et al., appellants.

(Index No. 502449/14)

DECISION & ORDER ON MOTION

Motion by the defendants for leave to appeal from an order to show cause of the Supreme Court, Kings County, dated June 24, 2015, and to stay enforcement of a temporary restraining order contained in the order to show cause that enjoined and restrained them from entering or occupying the subject premises, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted, and enforcement of the temporary restraining order contained in the order to show cause dated June 24, 2015, that enjoined and restrained the appellants from entering or occupying the subject premises is stayed either pending hearing and determination of the appeal or determination by the Supreme Court of the motion initiated by order to show cause dated June 24, 2015, whichever occurs first.

DILLON, J.P., LEVENTHAL, DICKERSON and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court