| Mercy Haven, Inc. v Ryan Becker |
| Motion No: 2018-01805 SC |
| Slip Opinion No: 2018 NY Slip Op 85754(U) |
| Decided on October 1, 2018 |
| 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
| Mercy Haven, Inc., Respondent, v Ryan Becker, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Sixth District, entered August 2, 2018, 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 February 4, 2019, and upon the further condition that within 15 days from the date of this decision and order on motion appellant deposit with the court below the amount of $2,166 and any and all arrears in rent and/or use and occupancy from May 1, 2016 at the rate previously payable as rent, and continue to deposit 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 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