Richard T. Vitarelle, Jr., Individually & As Ex'r of Estate of Eileen A. Vitarelle v Darlene Marie Vitarelle
Motion No: 2007-00524 SC 04-19-2007
Slip Opinion No: 2007 NYSlipOp 70148(U)
Decided on May 22, 2007
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 : McCABE, J.P., TANENBAUM and LIPPMAN, JJ.

NO. 2007-524 S C
RICHARD T. VITARELLE, JR., INDIVIDUALLY AND AS
EXECUTOR OF THE ESTATE OF EILEEN A. VITARELLE ,

Respondent,

-against-

DARLENE MARIE VITARELLE,

Appellant.

DECISION

That branch of the motion by tenant-appellant for stay is denied without prejudice to appellant seeking a stay in the court below pursuant to CPLR 5519 (a) (6).

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

With regard to setting a proper amount for use and occupancy, this court lacks a sufficient basis upon which to determine a fair amount. Thus, the appellant is directed to apply to fix an undertaking pursuant to CPLR 5519 (a) (6) in the court below.