| 826 Marcy Ave., LLC v Ammar Saleh |
| Motion No: 2024-01057 KC |
| Slip Opinion No: 2025 NY Slip Op 82413(U) |
| Decided on December 4, 2025 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
JOANNE D. QUIÑONES, J.P.
MARINA CORA MUNDY
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| 826 Marcy Avenue, LLC, Respondent, v Ammar Saleh, Appellant, "Jane Doe", Also Known as Salim Saleh, Undertenant. |
Motion by appellant to vacate an order of this court dated May 19, 2025, which dismissed an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered June 11, 2024, and for a stay of eviction pending the 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 branch of the motion seeking to vacate the dismissal is granted, the order dated May 19, 2025 is vacated, and the appeal shall be perfected on or before January 5, 2026; and it is further,
ORDERED that the branch of the motion seeking a stay is granted; and it is further,
ORDERED that in the event the appeal is not perfected by January 5, 2026, the court, on its own motion, may dismiss the appeal or vacate the stay, or respondent may move, on three days' notice, to dismiss the appeal or vacate the stay, and may, if appellant is unrepresented, serve such motion upon appellant in person.
ENTER:
Jennifer Chan
Acting Chief Clerk