K C BRUCE L. STEIN, PUBLIC ADMINISTRATOR KINGS, TEMPORARY ADMINISTRATOR OF THE ESTATE OF ALICE PARKER GORDON ALSO KNOWN AS ALES PARKER GORDON, AND CECIL D. WORRELL, ADMINISTRATOR OF THE ESTATE OF JAMES GORDON, res, v. JEFF'S EXPRESS, INC., JEFF'S EXPRESS, LLC and OSWALD JEFFERS Also Known as JEFFERS ISWALD, ap, -andCHARLES STOREY, JOHN DOE and JANE DOE, un

2011-537 K C BRUCE L. STEIN, PUBLIC ADMINISTRATOR KINGS, TEMPORARY ADMINISTRATOR OF THE ESTATE OF ALICE PARKER GORDON ALSO KNOWN AS ALES PARKER GORDON, AND CECIL D. WORRELL, ADMINISTRATOR OF THE ESTATE OF JAMES GORDON, res, v. JEFF'S EXPRESS, INC., JEFF'S EXPRESS, LLC and OSWALD JEFFERS Also Known as JEFFERS ISWALD, ap, -andCHARLES STOREY, JOHN DOE and JANE DOE, un — Appeal from an order of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered February 2, 2011, deemed from a final judgment of the same court entered February 2, 2011 (see CPLR 5512 [a]). The final judgment, entered pursuant to the February 2, 2011 order granting petitioners' motion to strike the affirmative defenses in the answer submitted by occupants Jeff's Express, Inc., Jeff's Express, LLC and Oswald Jeffers also known as Jeffers Iswald, and for summary judgment, and denying said occupants cross motion to dismiss the petition insofar as asserted against them, insofar as appealed from, awarded possession to petitioners as against said occupants in a summary proceeding brought pursuant to RPAPL 713 (3) and (7).

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2011-537 K C BRUCE L. STEIN, PUBLIC ADMINISTRATOR KINGS, TEMPORARY ADMINISTRATOR OF THE ESTATE OF ALICE PARKER GORDON ALSO KNOWN AS ALES PARKER GORDON, AND CECIL D. WORRELL, ADMINISTRATOR OF THE ESTATE OF JAMES GORDON, res, v. JEFF’S EXPRESS, INC., JEFF’S EXPRESS, LLC and OSWALD JEFFERS Also Known as JEFFERS ISWALD, ap, -andCHARLES STOREY, JOHN DOE and JANE DOE, un — Appeal from an order of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered February 2, 2011, deemed from a final judgment of the same court entered February 2, 2011 (see CPLR 5512 [a]). The final judgment, entered pursuant to the February 2, 2011 order granting petitioners’ motion to strike the affirmative defenses in the answer submitted by occupants Jeff’s Express, Inc., Jeff’s Express, LLC and Oswald Jeffers also known as Jeffers Iswald, and for summary judgment, and denying said occupants cross motion to dismiss the petition insofar as asserted against them, insofar as appealed from, awarded possession to petitioners as against said occupants in a summary proceeding brought pursuant to RPAPL 713 (3) and (7).

ORDERED that the matter is remitted to the Civil Court to hear and report whether occupants Jeff’s Express, Inc., Jeff’s Express, LLC and Oswald Jeffers also known as Jeffers Iswald were properly served with the petition and notice of petition, and the appeal is held in abeyance in the interim. The Civil Court shall file its report with all convenient speed.

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