Matter of Hall v Wong
Motion No: 2013-08191
Slip Opinion No: 2013 NY Slip Op 85310(U)
Decided on September 16, 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

M162214

E/sl

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2013-08191

In the Matter of Thomas Hall, etc., et al.,

respondents, v Coleen Wong, appellant.

(Index No. 4652/12)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in a summary proceeding pending in the District Court of Nassau County, under Index No. LT 6571/12, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered May 8, 2012, 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 a stay of proceedings is granted, and all proceedings in the summary proceeding pending in the District Court of Nassau County, under Index No. LT 6571/12, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 15, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 15, 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 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 branch of the motion which is to waive the filing fee is granted; and it is further,

ORDERED that the branch of the motion which is for the assignment of counsel is denied without prejudice to the appellant's counsel continuing pro bono; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., LOTT, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court