| Matter of Melchor v New York City Department of Housing |
| Motion No: 2009-10344 |
| Slip Opinion No: 2009 NY Slip Op 90051(U) |
| Decided on December 2, 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. |
Appellate Division: Second Judicial Department
M95320
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2009-10344 In the Matter of Daniel Melchor, appellant, v New York City Department of Housing Preservation and Development, et al., respondents. (Index No. 32087/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay his eviction as well as enforcement of a judgment of the Supreme Court, Kings County, dated October 23, 2009, pending hearing and determination of an appeal from the judgment, and for poor person 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 branch of the motion which is to stay his eviction as well as enforcement of the judgment dated October 23, 2009, is 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; and it is further,
ORDERED that the branches of the motion which are to waive payment of the filing fee and for free transcripts are denied.
SKELOS, J.P., DICKERSON, ENG and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court