| Lakeview Affordable Hous. LLC v Oshun Turner |
| Motion No: 2019-00081 WC |
| Slip Opinion No: 2019 NY Slip Op 69305(U) |
| Decided on April 25, 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 on an appeal from an order of the City Court of White Plains, Westchester County, entered January 8, 2019, to reinstate a stay granted by decision and order on motion of this court dated February 4, 2019 and vacated by decision and order on motion of this court dated March 20, 2019, for related relief, 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, on the court's own motion, that an enlargement of time to perfect the appeal is granted and the time to perfect the appeal is enlarged to July 5, 2019; and it is further,
ORDERED that the branch of the motion seeking to reinstate the stay is granted on condition that appellant perfect the appeal by July 5, 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 the above conditions are not met, the court, on its own motion, may dismiss the appeal and/or vacate the stay, or respondent may move to dismiss the appeal and/or vacate the stay on three days' notice, and may serve such application in person; and it is further,
ORDERED that the remainder of appellant's motion is denied.
It is noted that the record on appeal has been transmitted to this court and appellant does not show why any further transcripts are required for the perfection of the appeal.
ENTER:
Paul Kenny
Chief Clerk