Joseph Philip v Janis Gibbs
Motion No: 2008-00085 KC
Slip Opinion No: 2009 NYSlipOp 67354(U)
Decided on March 17, 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., RIOS and STEINHARDT, JJ.


NO. 2008-85 K C
JOSEPH PHILIP,

Respondent,

-against-

JANIS GIBBS,

Appellant,

-and-

HANIF GIBBS,

Respondent.

DECISION

Motion by appellant is granted to the extent of granting poor person relief.

Prior motion by landlord-respondent to vacate the stay, dismiss the appeal and for related relief is denied on condition that tenant-appellant perfects the appeal by June 5, 2009 and continues to comply with the other conditions contained in the order of this court dated March 3, 2008.

In the event that the above conditions are not met, the court, on its own motion, may vacate the stay and dismiss the appeal, or the respondent may move to vacate the stay and dismiss the appeal on 3 days' notice.

Pro se appellant, if she is so advised, may seek counsel through Legal Services.