J.J. Hambone, Inc. v. Cortijo

Full title: J.J. Hambone, Inc., Respondent, v. Carmen Cortijo, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Dec 2, 2011

2011 N.Y. Slip Op. 92140 (N.Y. App. Term 2011)

Opinion

2011-2523 W C

12-02-2011

J.J. Hambone, Inc., Respondent, v. Carmen Cortijo, Appellant.

FRANCIS A. NICOLAI

, P.J.

JOHN R. LaCAVA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from a judgment of the Justice Court of the Town of Cortland, Westchester County, entered September 19, 2011, and for leave 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 pending the determination of the appeal is granted on condition that within 10 days from the date of this decision and order appellant deposit with the court below the amount of the judgment, and any and all arrears in rent and/or use and occupancy from October 1, 2011 at the rate previously payable as rent, and continue to deposit into court use and occupancy at a like rate as the same becomes due, and upon the further condition that the appeal be perfected by February 3, 2012. Appellant shall file with this court proof of deposit of the judgment and any and all arrears in rent and/or use and occupancy within one business day after making such deposit; 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 branch of the motion seeking leave to prosecute the appeal 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'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 UJCA 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