N.Y.C. Hous. Auth. v. Headley

Full title: New York City Housing Authority South Jamaica Houses…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Nov 10, 2014

2014 N.Y. Slip Op. 90914 (N.Y. App. Term 2014)

Opinion

Motion No: 2013-02299 QC

11-10-2014

New York City Housing Authority South Jamaica Houses, Appellant-Respondent, v. Jonathan Headley and Pamela Jackson, Respondents-Appellants.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant-respondent, in effect, to set aside so much of this court's decision and order on motion dated September 10, 2014 as, on the court's own motion, dismissed appellant-respondent's appeal from so much of an order of the Civil Court of the City of New York, Queens County, entered June 24, 2013, as sua sponte permanently stayed the warrant of eviction, or, in the alternative, for leave to appeal to the Appellate Division from this court's decision and order on motion.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

It is unclear from the Civil Court's order whether the court implicitly denied the branch of appellant-respondent's motion seeking the issuance of a warrant. In any event, appellant-respondent's notice of appeal limited the appeal to that part of the "order permanently staying the warrant." Moreover, to the extent that the Civil Court did implicitly deny that branch of appellant-respondent's motion, any challenge to that denial was rendered moot by the Civil Court's sua sponte determination to permanently stay the warrant.

ENTER:

Paul Kenny

Chief Clerk