Matter of Holman v New York City Housing Authority
Motion No: 2009-02986
Slip Opinion No: 2009 NY Slip Op 77768(U)
Decided on July 13, 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

M89353

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2009-02986

In the Matter of Serrice Holman, appellant,

v New York City Housing Authority, respondent.

(Index No. 12574/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay her eviction from the subject premises and to stay enforcement of an order and judgment (one paper) of the Supreme Court, Queens County, dated February 5, 2009, pending hearing and determination of an appeal from the order and judgment, and for poor person relief.

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

ORDERED that the branches of the motion which are to stay the appellant's eviction from the subject premises and to stay enforcement of the order are denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motion which are to waive the filing fee, and for free transcripts are denied.

DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court