Prospect Union Associates v Carlos DeJesus

Motion No: M-3832

Slip Opinion No: 2017 NYSlipOp 87285(U)

Decided on September 28, 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.

September 28, 2017

Prospect Union Associates,

Petitioner-Landlord-Respondent,

v

Civil Court

L & T No. 46932/15

Carlos DeJesus and Bienvenida DeJesus, Supreme Court, NY County Respondents-Tenants-Appellants.

Respondents-tenants-appellants move for leave to appeal

to this Court from the decision and order of the Appellate

Term, First Department, entered in the Office of the Clerk of

the Supreme Court, New York County, on or about June 6, 2017;

to stay enforcement of the aforesaid order; and to enjoin execution of the warrant of eviction pending the hearing and determination of the within motion and subsequent appeal

(M-3710), And petitioner-landlord-respondent cross-moves for an order denying respondents-tenants' motion for leave to appeal, and vacating the stay of eviction (M-3832),And, in an interim order entered on July 12, 2017, a

Justice of this Court issued a stay of eviction pending the

determination of the within motion, Now, upon reading and filing the papers with respect to the motion and cross motion, and the interim order of a Justice of this Court entered July 12, 2017, and due deliberation having been had thereon, It is ordered that the respondents-tenants' motion for

leave to appeal the Appellate Term order, to stay enforcement

of the aforesaid order, and to enjoin execution of the warrant of eviction, pending hearing and determination of the appeal,

is granted. Appellants shall file two copies of the pre-argument statement, and a copy of this order, with the Clerk of the Appellate Term, with proof of service, pursuant to Section 600.17 of the Rules of this Court (M-3710). Petitioner-landlord's cross motion is denied (M-3832). ENTERED: September 28, 2017

_____________________ CLERK

Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices

M-3832

M-3710

Index No. 570838/16