Opinion
Motion No: 2011-11271 Index No. 4985/11M130796
12-22-2011
In the Matter of Pamela Thames, appellant, v. Ingersoll Houses/New York City Housing Authority, respondent.
, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated December 21, 2011, in the above-entitled appeal is recalled and vacated and the following decision and order is substituted therefor:
Motion by the appellant to stay her eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 13, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the order dated October 13, 2011, is not appealable as of right (see CPLR 5701[b][1]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., HALL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court