Appellate Division: Second Judicial Department

M94437

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2009-10244 Wells Fargo Bank Minnesota National Association, etc., plaintiff-respondent, v Shirley Braha, et al., defendants, Aron Braha, appellant. (Index No. 12084/04)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay his eviction and to stay enforcement of an order of the Supreme Court, Kings County, dated September 23, 2009, pending hearing and determination of an appeal from the order, and for poor persons relief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are, in effect, to stay the eviction and to stay enforcement of the order dated September 23, 2009, to waive payment of the filing fee, for free transcripts, and for the assignment of counsel 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 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.

MASTRO, J.P., RIVERA, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court