| Bank One National Association v Osorio |
| Motion No: 2005-00409 |
| Slip Opinion No: 2006 NYSlipOp 64505(U) |
| Decided on March 3, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35858
S/nal
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-00409
Bank One National Association, respondent, v Michelle Napier Osorio, etc., appellant, Mark Napier, et al., defendants. (Index No. 7780/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant Mark Napier to stay all proceedings to evict him from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 19, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic in light of the determination of the appeal (see Bank One National Assoc. v Osorio, AD3d [2d Dept, Feb. 28, 2006]).
FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court