Opinion
Motion No. 2022-00312 SC
10-04-2022
Joseph Barton, Respondent, v. Kelly Bixler, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J., ELIZABETH H. EMERSON, TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Third District, dated March 30, 2022, 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 a stay is granted on condition that appellant perfect the appeal on or before November 29, 2022; and it is further, ORDERED that, in the event the appeal is not perfected on or before November 29, 2022, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay, on three days' notice, and may serve such application in person; 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 District 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.