Roman Catholic Church of the Epiphany v City of New York
Motion No: 2018-07667
Slip Opinion No: 2018 NY Slip Op 78296(U)
Decided on July 20, 2018
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M252884

E/mm

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2018-07667

Roman Catholic Church of the Epiphany, appellant,

v City of New York, respondent.

(Index No. 51023/18)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the respondent from taking any action to evict it from the subject premises or to recover possession of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, entered June 22, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the respondent is stayed from initiating any eviction proceedings concerning the subject premises, known as Block 2146, Lot 1, formerly Lot 11, pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 20, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 20, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court