Opinion
2013-02754 2013-02756 Index No. 11274/12 M153933
04-01-2013
In the Matter of Dana Kaplan, appellant, v. New York City Department of Housing Preservation and Development, et al., respondents.
, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to stay all proceedings in a certain matter entitled Cadman Towers, Inc., v Kaplan, pending in the Housing Court, Kings County, under index No. 70143/12, pending hearing and determination of appeals from a judgment of the Supreme Court, Kings County, dated November 5, 2012, and a determination by an administrative hearing officer dated April 10, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the determination by an administrative hearing officer dated April 10, 2012 (Appellate Division Docket No. 2013-02756), is dismissed, without costs or disbursements, on the ground that the determination is neither appealable as of right or by permission (see CPLR 5701); and it is further,
ORDERED that the motion is granted to the extent that the respondents are stayed from taking any action to enforce any warrant of eviction issued in the proceeding entitled Cadman Towers, Inc., v Kaplan, pending hearing and determination of the appeal from the order dated November 5, 2012, on condition that the appeal from the order dated November 5, 2012, is perfected on or before May 1, 2013, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal from the order dated November 5, 2012, is not perfected on or before May 1, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.
RIVERA, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court