| Tesco V, LLC v Maura T. Madden |
| Motion No: 2023-01137 WC |
| Slip Opinion No: 2024 NY Slip Op 65451(U) |
| Decided on March 15, 2024 |
| 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
JERRY GARGUILO, J.P.
TIMOTHY S. DRISCOLL
JAMES P. McCORMACK, JJ.
DECISION & ORDER ON MOTION
| Tesco V, LLC, Respondent, v Maura T. Madden, Appellant, Joe Madden, Tenant. |
Motion by appellant to stay the execution of a warrant of eviction pending determination of an appeal from a judgment of the City Court of Yonkers, Westchester County, entered July 19, 2023, to stay the re-letting of the premises and to restore appellant to possession, and 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 to stay the warrant of eviction is granted; and it is further,
ORDERED that the branch of the motion seeking to stay the re-letting of the subject premises and to restore appellant to possession is denied as moot; and it is further,
ORDERED that the branch of the motion seeking to proceed 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 the argument or submission of the appeal. The minutes shall be settled in accordance with Uniform City Court Act 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