| Gonzalez v 231 Maujer Street HDFC |
| Motion No: 2015-12632 |
| Slip Opinion No: 2016 NY Slip Op 62854(U) |
| Decided on February 1, 2016 |
| 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
M205712
E/sl
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2015-12632 Angel Gonzalez, appellant, v 231 Maujer Street HDFC, et al., respondents. (Index No. 510394/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated November 20, 2015, and to stay enforcement of the order as well as a proceeding entitled Matter of 231 Maujer Street Housing Development Fund Corporation v Gonzalez, pending in the City Court of the City of New York, Landlord Tenant Part, under Index No. 64032/15, 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 branch of the motion which is for leave to appeal is granted to the extent that leave to appeal is granted from so much of the order dated November 20, 2015, as directed dismissal of the action, and that branch of the motion is otherwise denied as unnecessary, as the remaining portion of the order is appealable as of right (see CPLR 5701[a]); and it is further,
ORDERED that the branch of the motion which is for a stay is granted to the extent that enforcement of any warrant of eviction that may be issued by the City Court of the City of New York, Landlord Tenant Part, in the proceeding entitled Matter of 231 Maujer Street Housing Development Fund Corporation v Gonzalez, under Index No. 64032/15, is stayed pending hearing and determination of the appeal upon the conditions that the appellant (1) perfects the appeal on or before March 2, 2016, and (2) continues to pay use and occupancy in the sum of $450 per month, and that branch of the motion is otherwise denied; and it is further,
ORDERED that if the appellant does not comply with the foregoing conditions, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.
LEVENTHAL, J.P., DICKERSON, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court