
    In the Matter of 634 St. Nicholas Avenue, Inc., Petitioner, against Joseph J. Caputa, as State Rent Administrator, Respondent, and Phyllis C. McLaurin, Intervenor-Respondent.
    Supreme Court, Special Term, New York County,
    October 22, 1959.
    Stein, Goldberg & Simon for petitioner.
    
      Nathan Heller and Julius A. Copeland for respondent.
    
      Dunbar S. McLaurin for intervenor-respondent.
   Francis X. Conlon, J.

Motion -to stay the petitioner from instituting or continuing a summary proceeding in the Municipal Court, to evict the tenant intervenor, by virtue of a certificate of eviction ordered by this court, is denied without prejudice to renewal at the Appellate Division, First Department. The tenant intervenor having filed a notice of appeal such application for a stay should be made pursuant to section 613 of the Civil Practice Act.  