Mitchell Apartments, LLC v. Crawford

Full title: Mitchell Apartments, LLC, Respondent, v. Gwenette Crawford, Appellant, et…

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

Date published: Aug 9, 2011

Motion No: 2011-01937 wc (N.Y. App. Term Aug. 9, 2011)

Opinion

Motion No: 2011-01937 wc

08-09-2011

Mitchell Apartments, LLC, Respondent, v. Gwenette Crawford, Appellant, et al., Undertenants.

FRANCIS A. NICOLAI

, P.J.

MELVYN TANENBAUM

JOHN R. LaCAVA, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from a final judgment of the City Court of White Plains, Westchester County, entered June 2, 2011, and from orders of the same court dated May 24, 2011 and June 28, 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 the appeal be perfected on or before November 4, 2011. Appellant is directed to pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as appellant's share of the rent within 10 days from the date of this order 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 branch of the motion seeking leave to prosecute the appeal as a poor person relief 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 UCCA 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