| Mark Mcdonnell v Cheryl Mitchell |
| Motion No: 2017-01430 SC |
| Slip Opinion No: 2017 NY Slip Op 82976(U) |
| Decided on August 11, 2017 |
| 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
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Mark McDonnell, Respondent, v Cheryl Mitchell, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Sixth District, entered June 1, 2017, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been 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 3, 2017, and upon the further condition that within 10 days from the date of this decision and order on motion appellant pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as tenant's share of the rent, and continue to pay use and occupancy to respondent at the rate of $1,500 per month as it becomes due. Appellant shall file with this court proof of deposit of any and all arrears in rent and/or use and occupancy within one business day after making such deposit; 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 to prosecute the appeal; and it is further,
ORDERED that appellant 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