| Moses Portillo v Heather Simpson |
| Motion No: 2016-01088 WC |
| Slip Opinion No: 2016 NY Slip Op 77700(U) |
| Decided on June 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
JERRY GARGUILO
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
| Moses Portillo, Respondent, v Heather Simpson, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of Eastchester, Westchester County, entered March 4, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to appellant, if she be so advised, moving in the Justice Court to vacate the warrant for good cause shown (see RPAPL 749 [3]).
As the appeal from the final judgment will not bring up for review appellant's claim that the final judgment has been satisfied, which fact is conceded by respondent, appellant's remedy is to move in the Justice Court to vacate the warrant for good cause shown and, if necessary, appeal from the order determining that motion.
ENTER:
Paul Kenny
Chief Clerk