| Greenburgh Hous. Auth. v Angel Wash. |
| Motion No: 2019-00639 WC |
| Slip Opinion No: 2019 NY Slip Op 70624(U) |
| Decided on May 9, 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
| Greenburgh Housing Authority, Respondent, v Angel Washington, Appellant. |
Motion by appellant to be restored to possession of the premises and, in effect, for a stay pending the determination of an appeal from an order of the Justice Court of the Town of Greenburgh, Westchester County, entered April 1, 2019, for leave to prosecute the appeal as a poor person, and for related relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of appellant's motion seeking to be restored to possession pending the determination of the appeal is granted; and it is further,
ORDERED that the branch of the motion seeking, in effect, a stay pending the determination of the appeal is granted on condition that within 15 days from the date of this decision and order on motion appellant pay respondent the sum of $3,810, representing arrears in rent and/or use and occupancy through May 2019, and continue to pay respondent use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal be perfected by August 1, 2019; 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 remainder of the motion is denied.
The record on appeal has been received by this court, and the matter has been placed on the court's general calendar. If appellant believes that the record is incomplete, the remedy is to move to strike the appeal from this court's general calendar.
ENTER:
Paul Kenny
Chief Clerk