| Gweneth Johnson v Asia Smith |
| Motion No: 2011-00405 kc |
| Slip Opinion No: 2012 NY Slip Op 66710(U) |
| Decided on February 28, 2012 |
| 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.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Gweneth Johnson, Respondent, v Asia Smith Also Known as Aisha Smith Also Known as Aisa Smith, Appellant. |
Appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered December 8, 2010.
On the court's own motion, it is
ORDERED that the appeal is stricken from the general calendar as the record on appeal is incomplete in that it does not contain the minutes of substantial portions of respondent's direct and cross- examination testimony, as indicated by pages 14-15 of the June 8, 2010 transcript; and it is further,
ORDERED, on the court's own motion, that the stay granted by decision and order of this court dated June 1, 2011 is continued on condition that within 10 days of the date of this decision and order appellant pay respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent, and continue to pay respondent use and occupancy as it becomes due, and perfect the appeal by July 6, 2012; 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.
ENTER:
Paul Kenny
Chief Clerk