[*1]
Man Chit Cheng v Moore
2010 NY Slip Op 52355(U) [30 Misc 3d 133(A)]
Decided on October 21, 2010
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 21, 2010
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., GOLIA and RIOS, JJ
2009-1036 Q C.

Man Chit Cheng Also Known as Ming Jie Cheng and Mui Ying (Kong) Cheng, Respondents,

against

Teddy Moore, Appellant, -and- FRANK GUERRA, "JOHN DOE and JANE DOE", Occupants.


Appeal from an order of the Civil Court of the City of New York, Queens County (Ronni Dale Birnbaum, J.), dated May 1, 2009. The order, insofar as appealed from, denied occupant Teddy Moore's motion to be restored to possession and for related relief.


ORDERED that the order, insofar as appealed from, is affirmed without costs.

After appellant was evicted in this licensee summary proceeding, he moved to be restored to possession and for related relief, arguing that he was evicted in violation of an automatic stay to which he was entitled pursuant to CPLR 5519. Appellant's motion was properly denied, since no automatic stay was in effect as he failed to apply to the Civil Court to fix an undertaking pursuant to CPLR 5519 (a) (6), and no undertaking was fixed by the Civil Court (see Dis v Bellport Area Community Action Comm., 2010 NY Slip Op 31817[U] [2010]). Accordingly, the order is affirmed.

Weston, J.P., Golia and Rios, JJ., concur. [*2]
Decision Date: October 21, 2010