Matter of McLean v New York City Housing Authority
Motion No: 2013-03359
Slip Opinion No: 2013 NY Slip Op 75853(U)
Decided on June 5, 2013
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

M157426

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

SYLVIA HINDS-RADIX, JJ.

2013-03359

In the Matter of Kisha McLean, appellant,

v New York City Housing Authority, respondent.

(Index No. 14075/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay her eviction from the subject premises and to stay enforcement of a judgment of the Supreme Court, Kings County, dated February 19, 2013, pending hearing and determination of an appeal from the judgment, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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 granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motion which are to stay the appellant's eviction from the subject premises, to stay enforcement of the judgment, to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied.

ANGIOLILLO, J.P., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court