of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

JOHN R. LaCAVA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for poor person relief and for a stay pending the hearing and determination of an appeal from a judgment of the Justice Court of the Village of Tarrytown, Westchester County, entered April 21, 2010.

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

ORDERED that the branch of the motion by appellant seeking a stay pending the hearing and determination of the appeal is granted on condition that the appeal be perfected by October 1, 2010; and it is further,

ORDERED that in the event the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice; and it is further,

ORDERED that the branch of the motion seeking poor person relief is granted; and it is further,

ORDERED that 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 appellant to prosecute the appeal; and it is further,

ORDERED that appellant shall serve a copy of the transcript, if any, upon respondent, same to be returned upon argument or submission of the appeal. The minutes shall be settled in accordance with UJCA 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.

ENTER:

Francis A. Nicolai

Presiding Justice