Opinion
2021-66813 Motion 2021-00010 KC
05-24-2021
Li Jen Yao, Appellant, v. Lesley Steele, Respondent.
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to stay the re-letting of the premises, and removal of property from said premises pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated December 10, 2020. Appellant also seeks an order granting permission to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to stay the re-letting of the premises and removal of property from said premises pending the determination of the appeal is granted on condition that the appellant perfect the appeal no later than August 20, 2021; and it is further, ORDERED that in the event the appeal is not perfected on or before August 20, 2021, 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 motion for permission to prosecute the appeal as a poor person is denied without prejudice to renewal upon a showing of service of the motion papers on the New York City Corporation Counsel, as mandated by CPLR 1101 (c).