Opinion
Motion No: 2012-02488 QC
04-04-2014
Queens Fresh Meadows, LLC, Respondent, v. Janice Newberry, Appellant, et al., Undertenants.
, J.P.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Appeal, on the ground of inadequacy, from an amended judgment of the Civil Court of the City of New York, Queens County, entered March 22, 2012. The amended judgment awarded appellant attorney's fees in the sum of $200 in a licensee summary proceeding. Determination of the appeal from the amended judgment necessarily entails a determination of the issue of whether a family member who succeeds to a rent-stabilized tenancy is entitled to attorney's fees pursuant to Real Property Law § 234 (see and compare 245 Realty Assoc. v Sussis, 170 Misc 2d 901 [App Term, 1st Dept 1996], revd 243 AD2d 29 [1998]), an issue which the parties have not addressed in their briefs.
Now, on the court's own motion, it is
ORDERED that the notice of appeal from the judgment of the same court entered February 9, 2012 is deemed a premature notice of appeal from the amended judgment entered March 22, 2012; and it is further,
ORDERED that appellant may, within 21 days of the date of this decision and order on motion, serve and file a supplemental brief with respect to the above-stated issue; and it is further,
ORDERED that respondent may, within 14 days after appellant's supplemental brief is due to be filed pursuant to this decision and order on motion, file a supplemental brief with respect to the above-stated issue.
ENTER:
Paul Kenny
Chief Clerk