Myla Smith v Yolanda Stevenson
Motion No: 2023-01211 ROC
Slip Opinion No: 2025 NY Slip Op 70214(U)
Decided on May 23, 2025
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

TIMOTHY S. DRISCOLL, J.P.

ELENA GOLDBERG-VELAZQUEZ

JOSEPH R. CONWAY, JJ.

DECISION & ORDER ON MOTION

2023-1211 RO C Lower Court # 23-080714
Myla Smith, Respondent, v Yolanda Stevenson, Appellant.

Motion by appellant to vacate an order of this court dated February 10, 2025, which dismissed an appeal from a decision of the Justice Court of the Town of Ramapo, Rockland County, dated November 3, 2023. Separate motion by appellant for a stay of eviction pending the determination of the appeal, to order landlord to "pay all consequential damages," and for other related relief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are consolidated for purposes of disposition; and it is further,

ORDERED that the motion to vacate the order dated February 10, 2025 is granted, that order is vacated, and the appeal shall be perfected on or before July 25, 2025; and it is further,

ORDERED that the branch of the motion seeking a stay is granted; and it is further,

ORDERED that in the event the appeal is not perfected by July 25, 2025, the court, on its own motion, may dismiss the appeal or vacate the stay, or respondent may move, on three days' notice, to dismiss the appeal or vacate the stay, and may, if appellant is unrepresented, serve such motion upon appellant in person; and it is further,

ORDERED that the branches of the motion seeking to order landlord to "pay all consequential damages," other related relief are denied.

ENTER:

Paul Kenny

Chief Clerk