Opinion
M-3832 M-3710
09-28-2017
Prospect Union Associates, Petitioner-Landlord-Respondent, v. Civil Court L & T No. 46932/15 Carlos DeJesus and Bienvenida DeJesus, Supreme Court, NY County Respondents-Tenants-Appellants.
Respondents-tenants-appellants move for leave to appeal to this Court from the decision and order of the Appellate to stay enforcement of the aforesaid order; and to enjoin execution of the warrant of eviction pending the hearing and determination of the within motion and subsequent appeal (M-3710), And petitioner-landlord-respondent cross-moves for an order denying respondents-tenants' motion for leave to appeal, and vacating the stay of eviction (M--832),And, in an interim order entered on July 12, 2017, a Justice of this Court issued a stay of eviction pending the determination of the within motion, Now, upon reading and filing the papers with respect to the motion and cross motion, and the interim order of a Justice of this Court entered July 12, 2017, and due deliberation having been had thereon, It is ordered that the respondents-tenants' motion for leave to appeal the Appellate Term order, to stay enforcement of the aforesaid order, and to enjoin execution of the warrant of eviction, pending hearing and determination of the appeal, is granted. Appellants shall file two copies of the pre-argument statement, and a copy of this order, with the Clerk of the Appellate Term, with proof of service, pursuant to Section 600.17 of the Rules of this Court (M-3710). Petitioner-landlord's cross motion is denied (M-3832).
ENTERED: September 28, 2017
_____________________ CLERK
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices
Index No. 570838/16