Joseph Philip v Janis Gibbs
Motion No: 2008-00085 KC
Slip Opinion No: 2009 NYSlipOp 62036(U)
Decided on January 21, 2009
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 : 2nd, 11th and 13th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.


NO. 2008-85 K C
JOSEPH PHILIP,

Respondent,

-against-

JANIS GIBBS,

Appellant,

-and-

HANIF GIBBS,

Respondent.

DECISION

Motion by landlord-respondent returnable November 21, 2008, and motion by tenant-appellant returnable December 8, 2008 are hereby consolidated for purposes of disposition.

Motion by tenant to enlarge time to submit opposition papers is granted and such papers are deemed served and filed.

On the court's own motion, the motion by landlord for vacatur of the stay, dismissal of the appeal and related relief is held in abeyance for 30 days with leave to tenant, if she be so advised, to move for poor person relief in this court. The motion papers, if any, for poor person relief shall be served on all parties as well as the corporation counsel.