Hardy v Boykin
Motion No: 2011-02627
Slip Opinion No: 2011 NY Slip Op 78599(U)
Decided on July 19, 2011
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M123245

J/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2011-02627

Clarence Hardy, appellant, v Samuel Boykin,

respondent, et al., defendants.

(Index No. 17663/10)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay his eviction from certain premises pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 7, 2010, and for leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court