Opinion
2009-1036 Q C.
Decided October 21, 2010.
Appeal from an order of the Civil Court of the City of New York, Queens County (Ronni Dale Birnbaum, J.), dated May 1, 2009. The order, insofar as appealed from, denied occupant Teddy Moore's motion to be restored to possession and for related relief.
ORDERED that the order, insofar as appealed from, is affirmed without costs.
PRESENT: WESTON, J.P., GOLIA and RIOS, JJ.
After appellant was evicted in this licensee summary proceeding, he moved to be restored to possession and for related relief, arguing that he was evicted in violation of an automatic stay to which he was entitled pursuant to CPLR 5519. Appellant's motion was properly denied, since no automatic stay was in effect as he failed to apply to the Civil Court to fix an undertaking pursuant to CPLR 5519 (a) (6), and no undertaking was fixed by the Civil Court ( see Dis v Bellport Area Community Action Comm., 2010 NY Slip Op 31817[U]). Accordingly, the order is affirmed.
Weston, J.P., Golia and Rios, JJ., concur.