Matter of Hutchinson v New York City Housing Authority
Motion No: 2009-05272
Slip Opinion No: 2009 NY Slip Op 79556(U)
Decided on July 31, 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

M90208

S/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2009-05272

In the Matter of Candice Hutchinson, appellant,

v New York City Housing Authority, respondent.

(Index No. 23823/08)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to enjoin the respondent from commencing any proceedings to evict her from the subject apartment pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 10, 2009, and for leave to prosecute the appeal on the original papers.

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 leave to prosecute the appeal on the original papers is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the 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 motion is otherwise denied.

SKELOS, J.P., DICKERSON, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court