51-15 Van Kleeck St. Assoc., LLC v Karim Sharif, Tenant, Naeem Ahmad
Motion No: 2018-02058 QC
Slip Opinion No: 2018 NY Slip Op 90417(U)
Decided on November 26, 2018
Appellate Term, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2018-2058 Q C
51-15 Van Kleeck Street Associates, LLC, Respondent, v Karim Sharif, Tenant, Naeem Ahmad, Appellant, et al., Undertenants.

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered May 3, 2018, and for review, pursuant to CPLR 5704 (b), of a subsequent refusal by that court to sign an order to show cause.

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

ORDERED that the branch of the motion seeking a stay is denied, as this court cannot consider matters which are dehors the record on the appeal from the May 3, 2018 order; and it is further,

ORDERED that the branch of the motion seeking CPLR 5704 (b) review of a refusal to sign an order to show cause is denied without prejudice to renewal upon proper presentation of the papers submitted upon that application.

ENTER:

Paul Kenny

Chief Clerk