| Tiffany Sanders v Jose Pastuisaca |
| Motion No: 2016-01787 QC |
| Slip Opinion No: 2017 NY Slip Op 61418(U) |
| Decided on January 11, 2017 |
| 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Tiffany Sanders, Appellant, v Jose Pastuisaca, Respondent. |
Motion by appellant on an appeal from a decision of the Civil Court of the City of New York, Queens County, entered July 27, 2016, to, among other things, hold respondent in civil and/or criminal contempt for failing to comply with a decision and order on motion of this court dated October 7, 2016, which, among other things, ordered respondent to restore appellant forthwith to possession of the first-floor apartment pending the determination of the appeal. By decision and order on motion of this court dated November 30, 2016, the motion was set down for a hearing. Following the hearing, the parties executed a stipulation of settlement. Separate application by appellant for leave to withdraw the appeal and the motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, upon the stipulation of settlement and upon the papers filed in support of the application, it is
ORDERED that the motion and application are consolidated for the purposes of disposition; and it is further,
ORDERED that the application is granted, and the appeal and the motion are marked withdrawn.
We note that upon the withdrawal of the appeal, the interim relief granted in this court's decision and order on motion dated October 7, 2016 terminated.
PESCE, P.J., SOLOMON and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk