Bank of New York as Trustee v Suarez
Motion No: 2006-10233 +1
Slip Opinion No: 2006 NYSlipOp 79830(U)
Decided on November 14, 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

M46872

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-10233, 2006-10244

Bank of New York as Trustee, etc., plaintiff-

respondent, v Willy Mark Suarez, et al., appellants;

We Buy Now, LLC, nonparty-respondent.

(Index No. 04-2787)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Westchester County, dated October 11, 2006, and October 12, 2006, respectively, to stay all proceedings in the above-entitled action, including proceedings to evict the appellants from the subject premises, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court