| Pervez A. Mahmud v Lamont Jones & Melissa Moore |
| Motion No: 2009-02464 sc |
| Slip Opinion No: 2010 NY Slip Op 62582(U) |
| Decided on February 1, 2010 |
| 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| PERVEZ A. MAHMUD, Respondent, -against- LAMONT JONES and MELISSA MOORE, Appellants. |
DECISION
The branch of the motion by tenants-appellants seeking to stay enforcement of the judgment of November 5, 2009 is granted and enforcement of the judgment is stayed pending the hearing and determination of the appeal on condition that within 10 days from the date of the order hereon tenants deposit with the court below any and all arrears in rent and/or use and occupancy at the rate previously payable as rent from November 1, 2009, and continue to deposit into court use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal be perfected by May 7, 2010. Tenants shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after such deposit.
The branch of the motion for poor person relief is granted.
The court stenographer or a certified transcriber, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to appellants' counsel to prosecute the appeal, and
Appellants' counsel shall serve a copy of the transcript, if any, upon respondent's counsel, which shall be returned to appellants' counsel upon argument or submission of the appeal. The minutes shall be settled in accordance with UDCA 1704. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court.
In the event that the appeal is not perfected by May 7, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days' notice.