| Bank of New York v Henderson |
| Motion No: 2006-05456 |
| Slip Opinion No: 2006 NYSlipOp 71405(U) |
| Decided on July 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
M41741
A/mv
ANITA R. FLORIO, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2006-05456 Bank of New York, etc., plaintiff-respondent, v Kathy Henderson, appellant, et al., defendants; Rahim Siunykalimni, intervenor-respondent.
(Index No. 15493/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the closing of title and transfer of the referee's deed with respect to the subject property, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 1, 2006, and application by the intervenor-respondent to dismiss the appeal on the ground that it was not timely taken.
Upon the papers filed in support of the motion and the application and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is denied without prejudice to the intervenor-respondent making a motion for the same relief (see CPLR 8022[b]).
FLORIO, J.P., MASTRO, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court