Vito Masillo v Irene Apollo
Motion No: 2005-01722 sc
Slip Opinion No: 2006 NYSlipOp 61525(U)
Decided on January 19, 2006
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

NO. 2005-1722 S C
VITO MASILLO,

Respondent,

-against-

IRENE APOLLO,

Appellant.

DECISION

That branch of the motion by tenant-appellant for a stay pending appeal is denied.

That branch of the motion for poor person relief is denied.

Absent is an affidavit of service showing service of the motion papers on the county attorney as mandated by CPLR 1101 (c). Moreover, appellant has failed to make a sufficient showing of merit to her appeal to warrant granting her application for poor person relief (see CPLR 1101 [a]).