Matter of Barmat Realty Company, LLC v New York State
Motion No: 2008-10635
Slip Opinion No: 2009 NYSlipOp 64535(U)
Decided on February 25, 2009
Appellate Division, 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 Division: Second Judicial Department

M82963

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-10635

In the Matter of Barmat Realty Company, LLC,

petitioner-respondent, v New York State Division

of Housing and Community Renewal, respondent,

Yvette Quow, appellant.

(Index No. 1490/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, dated September 26, 2008, to stay all proceedings in a matter entitled Matter of Barmat Realty Company, LLC v Quow, commenced in the Civil Court of the City of New York, Kings County, under Index No. 54971/09, pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for a stay is granted, and all proceedings in the matter entitled Matter of Barmat Realty Company, LLC v Quow, commenced in the Civil Court of the City of New York, Kings County, under Index No. 54971/09, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 1, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 1, 2009, the court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers and to waive the filing fee is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that payment of the filing fee is waived; and it is further,

ORDERED that the branch of the motion which is for the assignment of counsel is denied.

SPOLZINO, J.P., FLORIO, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court