Roman Catholic Church of the Epiphany v City of New York
Motion No: 2019-10714
Slip Opinion No: 2019 NY Slip Op 80204(U)
Decided on September 23, 2019
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

M266109

E/mb

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2019-10714

Roman Catholic Church of the Epiphany, etc.,

appellant, v City of New York, respondent.

(Index No. 510235/18)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the respondent from taking any action to evict it from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 21, 2019.

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

ORDERED that the motion is granted and the respondent is stayed from taking any action to evict the appellant from 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 October 23, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 23, 2019, 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.

AUSTIN, J.P., ROMAN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court