| 443-445 Jefferson Ave., LLC v Louesta Severin |
| Motion No: 2015-02974 KC |
| Slip Opinion No: 2016 NY Slip Op 64019(U) |
| Decided on February 9, 2016 |
| 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| 443-445 Jefferson Avenue, LLC, Respondent, v Louesta Severin, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated December 7, 2015, 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 May 6, 2016. Appellant is directed to pay to respondent the sum of $7,162 and any and all arrears in rent and/or use and occupancy at tenant's share of the rent from February 1, 2016 within 30 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy at a like rate 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 appellants' attorney to prosecute the appeal; and it is further,
ORDERED that appellants' 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 CCA 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