175 E. 52nd St., LLC v Layne Lamothe
Motion No: 2016-01436 KC
Slip Opinion No: 2019 NY Slip Op 82240(U)
Decided on October 10, 2019
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

2016-1436 K C
175 East 52nd Street, LLC, Respondent, v Layne Lamothe, Appellant.

Motion by appellant for leave to reargue an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered April 14, 2016, which was determined by decision and order of this court dated July 26, 2019, for a stay, and to reinstate a decision and order on motion of this court dated December 10, 2018, which, among other things, permanently stayed the execution of the warrant in this nonpayment summary proceeding.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to reinstate the decision and order on motion of this court dated December 10, 2018 is denied as unnecessary; and it is further,

ORDERED that the remainder of the motion is denied.

This court's decision and order on motion dated December 10, 2018, which, among other things, permanently stayed the execution of the warrant in this nonpayment summary proceeding, remains in effect, and appellant may not be evicted pursuant to any warrant issued in this proceeding.

ENTER:

Paul Kenny

Chief Clerk