| Hemmingway v Eubanks |
| Motion No: 2007-08109 |
| Slip Opinion No: 2007 NYSlipOp 78745(U) |
| Decided on September 24, 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. |
Appellate Division: Second Judicial Department
M60264
E/sl
REINALDO E. RIVERA, J.P.
JOSEPH COVELLO
RUTH C. BALKIN
WILLIAM E. McCARTHY, JJ.
|
2007-08109 Anthony Hemmingway, etc., et al., appellants, v Clarissa M. Eubanks, respondent. (Index No. 43705/97)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs for leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 31, 2007, and to vacate the temporary restraining order contained in the order dated August 31, 2007, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is to vacate the temporary restraining order contained in the order dated August 31, 2007, is granted to the extent that so much of the order as stayed the City Registrar from recording the Sheriff's sale deed is stayed, pending hearing and determination of the appeal or determination by the Supreme Court, Kings County, of the defendant's motion, and that branch of the motion is otherwise denied.
RIVERA, J.P., COVELLO, BALKIN and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court