Opinion
2006-1441 RO C.
Decided December 13, 2007.
Appeal from (1) a final judgment of the Justice Court of the Town of Clarkstown, Rockland County (Craig E. Johns, J.), entered June 1, 2006, and (2) an order of said court, dated August 8, 2006. The final judgment, entered upon an order of the same court dated May 18, 2006 granting petitioner's motion for summary judgment, awarded possession to petitioner in a summary proceeding brought pursuant to RPAPL 713 (11). The order dated August 8, 2006 denied occupant's motion to fix an undertaking pending appeal.
Final judgment reversed without costs, order dated May 18, 2006 vacated and petitioner's motion for summary judgment denied.
Appeal from order dated August 8, 2006 dismissed as academic.
PRESENT: RUDOLPH, P.J., LaCAVA and SCHEINKMAN, JJ.
The final judgment is reversed, the order dated May 18, 2006 vacated and petitioner's motion for summary judgment denied for the reasons stated in The Russian Orthodox Convent "Novo-Diveevo", Inc. v Sister Pelageya Morozova (___ Misc 3d ___, 2007 NY Slip Op ___, decided herewith).
Rudolph, P.J., LaCava and Scheinkman, JJ., concur.