Opinion
Motion No: 2014-00898 NC
06-25-2014
Angelo J. Melillo Center for Mental Health, Inc., Respondent, v. Julie Straehle, Appellant.
, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the District Court of Nassau County, First District, entered March 24, 2014, for leave to prosecute the appeal as a poor person, and to assign Jeffrey Siegel, Esq., Nassau/Suffolk Legal Services Committee, Inc., as counsel.
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 a stay pending the determination of the appeal is granted on condition that the appeal be perfected on or before September 5, 2014. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy at a like rate 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, or respondent may move to vacate the stay on three days' notice; and it is further,
ORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and to assign Jeffrey Siegel, Esq., Nassau/Suffolk Legal Services Committee, Inc., as counsel is granted and Jeffrey Siegel, Esq., Nassau/Suffolk Law Services Committee, Inc. is assigned to prosecute the appeal without compensation; 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's attorney to prosecute the appeal; and it is further,
ORDERED that appellant's attorney shall serve a copy of the transcript, if any, upon respondent, same to be returned upon argument or submission of the appeal. The minutes shall be settled in accordance with UDCA 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