| Soundview Apts. Co., Llp v Tyisha Tomlinson |
| Motion No: 2014-01283 WC |
| Slip Opinion No: 2014 NY Slip Op 80652(U) |
| Decided on August 5, 2014 |
| 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 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Soundview Apartments Co., LLP, Respondent, v Tyisha Tomlinson, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Justice Court of the Village of Mamaroneck, Westchester County, entered June 6, 2014, 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 on or before November 7, 2014. Appellant is directed to deposit the sum of $12,236.40 into the Justice Court within 14 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy as it becomes due; 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; 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