| 270-274 8th Ave., LLC v Heidi Bakal |
| Motion No: 2011-00984 nc |
| Slip Opinion No: 2011 NY Slip Op 71641(U) |
| Decided on April 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
FRANCIS A. NICOLAI, P.J.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| 270-274 8th Avenue, LLC, Respondent, v Heidi Bakal, Appellant. |
Motion by appellant for a stay pending the determination of appeals from an order of the District Court of Nassau County, First District, entered May 28, 2010, and from a final judgment of the same court entered March 9, 2011, to assign Jeffrey Siegel, Esq., Nassau/Suffolk Legal Services Committee, Inc., as counsel, and to direct the District Court to file the record with this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the order entered May 28, 2010 (Appeal No. 2011-984 N C) is dismissed as that order is subsumed in the final judgment; and it is further,
ORDERED that the branch of appellant's motion seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before July 1, 2011. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as appellant's share of the 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 branch of appellant's motion seeking to assign Jeffrey Siegel, Esq., Nassau/Suffolk Legal Services Committee, Inc., as counsel is granted and Jeffrey Siegel, Esq., Nassau/Suffolk Legal Services Committee, Inc., is assigned to prosecute the appeal without compensation; and it is further,
ORDERED that the branch of appellant's motion seeking to direct the District Court to file the record with this court is denied as academic as the record has been filed with this court.
ENTER:
Paul Kenny
Chief Clerk