| Deli & Convenience Store Corp. v City of New York et al |
| Motion No: 2024-11135 |
| Slip Opinion No: 2025 NY Slip Op 64812(U) |
| Decided on March 17, 2025 |
| 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. |
Appellate Division: Second Judicial Department
M303610
AFA/
MARK C. DILLON, J.P.
BARRY E. WARHIT
LOURDES M. VENTURA
JAMES P. MCCORMACK, JJ.
|
2024-11135 Deli & Convenience Store Corp., respondent, v City of New York, et al., appellants. (Index No. 715735/2024)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated October 24, 2024. Motion by the appellants, inter alia, to confirm that an automatic stay of the order is in effect pursuant to CPLR 5519(a)(1), or, in the alternative, pursuant to CPLR 5519(c) to stay enforcement of the order and judgment, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that so much of the order and judgment as directed the appellants to immediately remove the seal on respondent's premises and restore respondent's access to the property is stayed pursuant to CPLR 5519(a)(1), and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., WARHIT, VENTURA and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court