| Claremont Gardens Assoc., Lp c/o Grenadier Realty Corp. v Nilsa Reyes |
| Motion No: 2010-03034 wc |
| Slip Opinion No: 2011 NY Slip Op 68592(U) |
| Decided on March 28, 2011 |
| 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
MELVYN TANENBAUM, J.P.
DENISE F. MOLIA
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| Claremont Gardens Associates, LP c/o Grenadier Realty Corp., Respondent, v Nilsa Reyes, Appellant, and John and/or Jane Doe, Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from a judgment of the Justice Court of the Town of Ossining, Westchester County, entered November 16, 2010, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before June 3, 2011. Appellant is directed to deposit with the court below the amount of $2,516.01 and any and all arrears in rent and/or use and occupancy at the rate previously payable as rent from February 1, 2010 within 10 days from the date of this decision and order and to continue to pay use and occupancy to landlord as it becomes due, and shall file with this court proof of deposit of the sum of $2,516.01 and any and all arrears in rent and/or use and occupancy within one business day after making such deposit; 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 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's counsel 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:
Denise F. Molia
Associate Justice