| Mortgage Electronic Registration Systems, Inc. v Samuel |
| Motion No: 2006-04215 |
| Slip Opinion No: 2006 NYSlipOp 79929(U) |
| Decided on November 15, 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
M46918
Y/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2006-04215 Mortgage Electronic Registration Systems, Inc., etc., respondent, v Olabell Himmel Samuel, appellant, et al., defendant. (Index No. 14066/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to vacate a stay of enforcement of an order of the Supreme Court, Nassau County, entered April 18, 2006, which had been granted by decision and order on motion of this court dated May 19, 2006, and extended by decision and order dated July 13, 2006, for failure to perfect in accordance with those decisions and orders.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, the stay of enforcement granted by decision and order on motion of this court dated May 19, 2006, and extended by decision and order dated July 13, 2006, is vacated for failure to perfect in accordance with those decisions and orders; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules of this court.
SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court