| Lakeview Affordable Hous. LLC v Oshun Turner |
| Motion No: 2019-00081 WC |
| Slip Opinion No: 2019 NY Slip Op 63314(U) |
| Decided on February 4, 2019 |
| 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
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| Lakeview Affordable Housing LLC, Respondent, v Oshun Turner, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the City Court of White Plains, Westchester County, entered January 8, 2019, 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 is granted on condition the appeal be perfected by May 3, 2019 and on the further condition that appellant pay respondent rent and/or use and occupancy from the date of this decision and order on motion at the rate previously payable as rent 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, without further notice, 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 denied as unnecessary.
ENTER:
Paul Kenny
Chief Clerk