| Gweneth Johnson v Asia Smith |
| Motion No: 2011-00405 kc |
| Slip Opinion No: 2011 NY Slip Op 74983(U) |
| Decided on June 1, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Gweneth Johnson, Respondent, v Asia Smith Also Known as Aisha Smith Also Known as Aisa Smith, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated December 8, 2010. Cross motion by respondent for an award of use and occupancy. Two separate motions by appellant for leave to prosecute the appeal as a poor person. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motions for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions and cross motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion for an enlargement of time to serve and file papers in opposition to appellant's motions for leave to prosecute the appeal as a poor person is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that appellant's motion for a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before August 5, 2011. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy from January 1, 2011 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 appellant's motions for leave to prosecute the appeal as a poor person are denied; and it is further,
ORDERED that respondent's cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk