| Leo Cintron v Jennifer Pandis |
| Motion No: 2010-02545 orc |
| Slip Opinion No: 2010 NY Slip Op 92238(U) |
| Decided on December 29, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
FRANCIS A. NICOLAI
DENISE F. MOLIA, JJ.
DECISION & ORDER ON MOTION
| Leo Cintron, Respondent, v Jennifer Pandis, Appellant. |
Motion by appellant for leave to prosecute an appeal from a judgment of the Justice Court of the Town of New Windsor, Orange County, dated May 27, 2010, as a poor person, for an order directing that the Justice Court reimburse appellant's counsel for the cost of obtaining a stenographic transcript, and for a stay pending the determination of the appeal. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that the motion by respondent is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that the branch of the motion by appellant seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before February 4, 2011. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy less the sum deposited with the court at the rate previously payable as rent within 10 days from the date of this decision and order and to continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,
ORDERED that in the event that any of the above conditions are 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 branches of the motion by appellant seeking leave to prosecute the appeal as a poor person and for an order directing that the Justice Court reimburse appellant's counsel for the cost of obtaining a stenographic transcript are denied without prejudice to renewal upon proper notice.
Absent is an affidavit of service showing service of the motion papers on the County Attorney as mandated by CPLR 1101 (c).
ENTER:
Angela G. Iannacci
Justice Presiding