Prospect Union Associates v Civil Court L & T No. 46932/15

Motion No: M-1744

Slip Opinion No: 2018 NYSlipOp 74756(U)

Decided on June 12, 2018

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.

June 12, 2018

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.

By order of this Court entered on September 28, 2017

(M-3710/M-3831), respondents were granted leave to appeal 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, and, pending determination of the appeal, stayed enforcement of the Appellate Term order as well as execution of the warrant of eviction, And petitioner-landlord-respondent having moved to lift the stay of eviction imposed by this Court,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 by petitioner-landlord-respondent to lift the stay of eviction is denied, with leave to renew, if respondents-tenants-appellants fail to perfect their appeal by the October 2018 Term. ENTERED: June 12, 2018

_____________________ CLERK

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

M-1744

Index No. 570838/16