Smith v New York City Housing Authority
Motion No: 2016-12795
Slip Opinion No: 2016 NY Slip Op 95212(U)
Decided on December 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M223416

E/sl

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-12795

Danny Smith, respondent, v New York City

Housing Authority, appellant, et al.,

defendant.

(Index No. 704833/14)

DECISION & ORDER ON MOTION

Motion by New York City Housing Authority for leave to appeal to this Court from an order to show cause of the Supreme Court, Queens County, dated December 6, 2016, and to stay the trial in the above-entitled action 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 the trial in the above-entitled action is stayed pending either hearing and determination of the appeal from the order to show cause dated December 6, 2016, or determination by the Supreme Court, Queens County, of a motion initiated by an order to show cause of the same court dated September 8, 2016, whichever occurs first.

RIVERA, J.P., SGROI, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court