Colin Depass v Donald Booker
Motion No: 2006-00283 sc
Slip Opinion No: 2006 NYSlipOp 65984(U)
Decided on March 14, 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., TANENBAUM and LIPPMAN, JJ.

NO. 2006-283 S C
COLIN DePASS,

Respondent,

-against-

DONALD BOOKER,

Appellant.

DECISION

Motion by tenant-appellant for a stay pending appeal is denied without prejudice to tenant-appellant moving for relief in the court below.

While tenant-appellant seeks, in support of a claim of fraud, to submit documents to this court, these documents appear to be dehors the record and cannot be considered by this court.

In the event that tenant-appellant moves for relief in the court below, should the court find that tenant-appellant requires representation by a guardian ad litem pursuant to CPLR 1201, such guardian should be appointed pursuant to CPLR 1202.