Russian Orthodox Convent "Novo-Diveevo," Inc. v Sukharevskaya

[*1] Russian Orthodox Convent "Novo-Diveevo," Inc. v Sukharevskaya 2007 NY Slip Op 52356(U) [18 Misc 3d 126(A)] Decided on December 13, 2007 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through December 14, 2007; it will not be published in the printed Official Reports.

Decided on December 13, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., LaCAVA and SCHEINKMAN, JJ
2006-1441 RO C.

The Russian Orthodox Convent "Novo-Diveevo," Inc., Respondent, Sister

against

Maria (Lydia) Sukharevskaya, Appellant.

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.

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.
Decision Date: December 13, 2007