Rising Development Yonkers Mill/Main LLC v Subercaseaux
Motion No: 2023-10589
Slip Opinion No: 2024 NY Slip Op 65983(U)
Decided on April 15, 2024
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

M295719

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

BARRY E. WARHIT, JJ.

2023-10589

Rising Development Yonkers Mill/Main LLC,

respondent, v Michael Subercaseaux, appellant.

(Appellate Term Docket No. 2022-947 WC,

Lower Court No. LT-1598/2022)

DECISION & ORDER ON MOTION

Motion by Michael Subercaseaux for leave to reargue his prior motion, inter alia, for leave to appeal to this Court from a decision and order of the Appellate Term, Ninth and Tenth Judicial Districts, dated October 26, 2023, which determined an appeal from an order of the Yonkers City Court, Westchester County, dated December 16, 2022, which was determined by decision and order on motion of this Court dated January 10, 2024, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this Court dated January 10, 2024, and to stay his eviction from the subject premises.

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

ORDERED that the motion is denied.

IANNACCI, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court