Smith v Ameriquest Mortgage Company
Motion No: 2007-07963
Slip Opinion No: 2007 NYSlipOp 78327(U)
Decided on September 18, 2007
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

M59941

E/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-07963

Maudline Smith, plaintiff, v Ameriquest

Mortgage Company, respondent, Nationscredit

Financial Services Corporation, etc., appellant,

et al., defendants.

(Index No. 32879/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated July 31, 2007, pending hearing and determination of an appeal therefrom. Cross motion by the respondent, in the event that the motion is granted, to stay discovery in the above-entitled action as to the material covered by the order that is the subject of the appeal.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied as academic in light of our determination of the motion.

SPOLZINO, J.P., KRAUSMAN, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court