Mangiaracina v Jimenez-Cano
Motion No: 2021-06072
Slip Opinion No: 2021 NY Slip Op 72678(U)
Decided on October 6, 2021
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

M279471

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2021-06072

Santa Mangiaracina, appellant,

v Lissette Jimenez-Cano, et al., respondents.

(Index No. 718485/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated July 7, 2021. Motion by the appellant to stay any actions, proceedings, or motions to cause the eviction or vacatur of the subject premises, and to stay the execution of a certain warrant of eviction, pending hearing and determination of the appeal.

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 any actions, proceedings, or motions to cause the eviction or vacatur of the subject premises, located at 89-11 164th Avenue, Howard Beach, New York, and execution of a certain warrant of eviction, issued in a matter pending in the Civil Court of the City of New York, Queens County, Housing Part, under Index No. L & T 054575/2019-QU, are stayed, pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 5, 2021; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 5, 2021, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

MASTRO, J.P., AUSTIN, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court