M&T Mortgage Corporation v GIBCO
Motion No: 2006-01713
Slip Opinion No: 2006 NYSlipOp 68349(U)
Decided on May 4, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M39238

T/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2006-01713

M&T Mortgage Corporation, plaintiff-respondent,

v GIBCO, defendant, Samuel Gibson, appellant;

Hung Yin Yeh, nonparty respondent.

(Index No. 9501/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay his eviction from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 30, 2006, and to waive the filing fee for the instant motion.

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 which is to waive the filing fee for the instant motion is granted; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., SCHMIDT, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court