M & B Lincoln Realty Corp., Landlord-appellant v Desiree Thompson, Tenant, Jamal Mcnichol, Undertenant, & Jillian Ann Mcnichol, Undertenant-respondent.

M & B Lincoln Realty Corp., Landlord-appellant v Desiree Thompson, Tenant, Jamal Mcnichol, Undertenant, & Jillian Ann Mcnichol, Undertenant-respondent.

Motion No: 2014-01241 KC

Slip Opinion No: 2016 NY Slip Op 69866(U)

Decided on March 16, 2016

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.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2014-1241 K C

M & B Lincoln Realty Corp., Landlord-Appellant, v Desiree Thompson, Tenant, Jamal McNichol, Undertenant, and Jillian Ann McNichol, Undertenant-Respondent.

Motion by undertenant-respondent for leave to appeal to the Appellate Division from a decision and order of this court dated December 8, 2015, which determined an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered September 30, 2013, and for a stay.

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 seeking leave to appeal to the Appellate Division is granted; and it is further,

ORDERED that the branch of the motion seeking a stay is denied without prejudice to renewal in the Appellate Division.

ENTER:

Paul Kenny

Chief Clerk