Oakwood Terrace Hous. Corp. v Yvonne Monk
Motion No: 2013-00975 ORC
Slip Opinion No: 2016 NY Slip Op 80711(U)
Decided on July 22, 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 9th & 10th judicial Districts

BRUCE E. TOLBERT, J.P.

ANGELA G. IANNACCI

FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER ON MOTION

2013-975 OR C
Oakwood Terrace Housing Corp., Respondent, v
Yvonne Monk, Appellant, and Theolonius Monk, Tenant.

Motion by appellant for leave to reargue an appeal from a final judgment of the Justice Court of the Town of New Windsor, Orange County, entered May 30, 2013, which was determined by decision and order of this court dated February 22, 2016, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

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

ORDERED that the motion is denied.

The damages for wrongful eviction sought by appellant are not available upon a motion for leave to reargue or, in the alternative, to appeal to the Appellate Division, and must be sued upon separately.

Connolly, J., taking no part.

ENTER:

Paul Kenny

Chief Clerk