| 385 Bayview, LLC v Charlene Warren |
| Motion No: 2016-00793 NC |
| Slip Opinion No: 2016 NY Slip Op 75276(U) |
| Decided on May 25, 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 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
ANTHONY MARANO
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| 385 Bayview, LLC, Respondent, v Charlene Warren, Appellant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from orders of the District Court of Nassau County, First District, entered December 1, 2014, March 30, 2015, and January 19, 2016, respectively, and from a final judgment of the same court entered March 1, 2016, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that so much of the appeal as is from the orders dated December 2, 2014, March 30, 2015, and January 19, 2016, respectively, is dismissed, as the right of direct appeal from the intermediate orders terminated with the entry of the final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]), and the issues that might have been brought up for review on the appeal from the orders may be raised on the appeal from the final judgment; and it is further,
ORDERED that the branch of appellant's motion seeking a stay pending the determination of the appeal is granted on condition that the appeal be perfected by September 2, 2016. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as her share of the rent within 10 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 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 UDCA 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