Opinion
Motion No: M-8926
02-06-2020
In the Matter of the Application of Tiffany Keeby, Petitioner-Appellant, For a Judgment Pursuant to Article 78of the CPLR, v. Housing Preservation and Development (HPD), et al., Respondents-Respondents.
Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal taken from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about June 13, 2019, and for leave to have the appeal heard on the original record and upon a reproduced appellant's brief; and for a stay of a related holdover proceeding and a warrant of eviction issued by Housing Court pending hearing and determination of the within appeal, And a Justice of this Court, by order dated November 14, 2019 having granted, an interim stay of the holdover proceeding, provided the appeal was perfected within a certain time frame,Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon, It is ordered that the motion, to the extent it seeks poor person relief, is granted, and the appeal is permitted to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the attorney for respondent and files an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. The motion, to the extent that it seeks a stay of proceedings, is denied, and the interim relief granted by the order of a Justice of this Court, dated November 14, 2019, is vacated.
ENTERED: February 6, 2020
__________ CLERK
Present - Hon. David Friedman,Justice Presiding, Troy K. Webber Cynthia S. Kern Lizbeth GonzÁlez,Justices
M-8926
Index No. 101237/18