Finke v. Fiore

• Decision Date: 21 June 2022
• Docket Number: Motion No 2022-00234 WC
• Citation: 2022 NY Slip Op 67863 (U)
• Parties: William T. Finke, Respondent, v. Catherine Fiore, Appellant.
• Court: New York Supreme Court

2022 NY Slip Op 67863(U)

William T. Finke, Respondent, v. Catherine Fiore, Appellant.

Motion No 2022-00234 WC

Supreme Court of New York, Second Department

June 21, 2022

Unpublished Opinion

MOTION DECISION

ELIZABETH H. EMERSON, J.P., JERRY GARGUILO, TIMOTHY S. DRISCOLL, JJ.

DECISION & ORDER ON MOTION

Motion by appellant to stay execution of a warrant of eviction pending the determination of an appeal from an order of the Justice Court of the Town of Lewisboro, Westchester County, dated March 10, 2022, and to prosecute the appeal as a poor person and other relief.

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 a stay is granted on condition that appellant perfect the appeal on or before September 15, 2022; and it is further, ORDERED that, in the event the appeal is not perfected on or before September 15, 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 motion is otherwise denied.