P & A Reckess Doing Bus. As Crestview Manor Home for Adults v Steven Howard
Motion No: 2013-02149 wc
Slip Opinion No: 2013 NY Slip Op 93368(U)
Decided on November 22, 2013
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, J.P.

FRANCIS A. NICOLAI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

2013-2149 W C
P & A Reckess Doing Business as Crestview Manor Home For Adults, Respondent, v Steven Howard, Appellant.

Motion by appellant for a stay pending the determination of an appeal from a judgment of the Justice Court of the Town of Mount Pleasant, Westchester County, entered September 24, 2013, 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 seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected by February 7, 2014; and it is further;

ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice; and it is further,

ORDERED that the branch of the motion seeking leave to prosecute the appeal as a poor person is granted; and it is further,

ORDERED that the court stenographer or a certified transcriber, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to appellant's attorney to prosecute the appeal; and it is further,

ORDERED that appellant's attorney shall serve a copy of the transcript, if any, upon respondent, same to be returned upon argument or submission of the appeal. The minutes shall be settled in accordance with UJCA 1704. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court.

ENTER:

Paul Kenny

Chief Clerk