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Mautner-Glick Corp. v Tunne
2010 NY Slip Op 51921(U) [29 Misc 3d 132(A)]
Decided on November 10, 2010
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected in part through January 10, 2011; it will not be published in the printed Official Reports.


Decided on November 10, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570832/09.

Mautner-Glick Corp., Gerald P. Halpern as Executor of the Estate of Fred Zeiss, Petitioner-Landlord-Respondent,

against

Mark Tunne, Respondent-Tenant-Appellant.


Tenant, as limited by his brief, appeals from (1) a final judgment of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), entered October 19, 2009, after nonjury trial, awarding landlord possession in a nuisance holdover proceeding; (2) an order (same court and Judge), dated October 26, 2009, which granted tenant's motion for, among other things, a temporary stay pending appeal to the extent of staying issuance of the warrant of eviction on condition that tenant paid outstanding use and occupancy within two weeks; and (3) an order (Peter M. Wendt, J.), dated December 4, 2006, which denied his motion to vacate a stipulation.


Per Curiam.

Appeals from final judgment (Brenda S. Spears, J.), entered October 19, 2009, and orders dated October 26, 2009 (same Judge) and December 4, 2006 (Peter M. Wendt, J.), transferred to the Appellate Term, Second Department.

In light of the particular facts underlying this case, we transferred respondent-tenant's appeals to the Appellate Term, Second Department, to avoid the appearance of any impropriety.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur


Decision Date: November 10, 2010