In the Matter of the Application of Steven Banks

Motion No: M-5854

Slip Opinion No: 2017 NYSlipOp 62923(U)

Decided on January 19, 2017

Appellate Division, First 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.

January 19, 2017

In the Matter of the Application

of Steven Banks, as the Commissioner

of Social Services of the City of

New York, CONFIDENTIAL

Petitioner, 137 Rivington, LLC,

Petitioner-Appellant-Landlord,

For the Appointment of a Guardian

of the Personal Needs and Property

Management of

Pierson T.-L.,

A Person Alleged to be Incapacitated,

Respondent-Respondent-Tenant.

Petitioner-appellant-landlord having moved for a stay of enforcement of the order of the Supreme Court, New York County, entered on or about November 1, 2016, pending determination of the appeal taken therefrom, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied and the interim relief granted by an order of a Justice of this Court on

November 16, 2016 is vacated. ENTERED: January 19, 2017

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter David B. Saxe Karla Moskowitz Barbara R. Kapnick, Justices

M-5854

Index No. 500181/15