Strata Realty Corp. v Rosa PenaCivil N.Y. County

Motion No: M-2007

Slip Opinion No: 2018 NYSlipOp 74994(U)

Decided on June 14, 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 14, 2018

Strata Realty Corp.,

Petitioner-Landlord-Respondent, New York County Clerk

v

Rosa Pena,Civil N.Y. County

Respondent-Tenant-Appellant,Index No. 79638/09

"John Doe" and "Jane Doe,"

Respondents-Undertenants.

An order of the Appellate Term, First Department, entered January 18, 2018, having granted respondent-tenant-appellant leave to appeal to this Court from the order of the Appellate Term, First Department, entered December 7, 2017, And petitioner-landlord-respondent having renewed his

motion to modify the Appellate Term order by vacating the stay incorporated therein, thereby permitting petitioner to execute upon the extant warrant of eviction, 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. ENTERED: June 14, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Richard T. Andrias Anil C. Singh Peter H. Moulton, Justices

M-2007

Index No. 570821/16