Appellate Division: Second Judicial Department

M155530

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2013-02254 In the Matter of Violeta Olivares, appellant, v John B. Rhea, etc., et al., respondents. (Index No. 21166/11)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings, including her eviction from the subject premises, in a matter entitled New York City Housing Authority v Oliveras, pending in the Civil Court of the City of New York, Kings County, under Index No. 64251/11, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 11, 2012.

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 to stay all proceedings, including the appellant's eviction from the subject premises, in the matter entitled New York City Housing Authority v Oliveras, pending in the Civil Court of the City of New York, Kings County, under Index No. 64251/11, is granted, and those proceedings are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 29, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 29, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court