| IN THE MATTER OF THE FORECLOSURE OF TAX LIENS BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY TAX |
| Motion No: CA 08-01073 |
| Slip Opinion No: 2008 NYSlipOp 75188(U) |
| Decided on June 16, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, SMITH, CENTRA, AND PINE, JJ.
DOCKET NO. CA 08-01073
| IN THE MATTER OF THE FORECLOSURE OF TAX LIENS BY PROCEEDING IN REM
PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY TAX LAW BY THE COUNTY OF ONTARIO, PETITIONER-RESPONDENT. BRUCE MIDDLEBROOK,
RESPONDENT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Elizabeth W. Pine on May 14, 2008, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on May 2, 2008, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of David J. Whitcomb dated May 12, 2008,
said show cause order with proof of service thereof, the opposing affirmation of Jason S. DiPonzio dated May 13, 2008, the reply affirmation of David J. Whitcomb dated June 3, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, and all proceedings to enforce the order entered May 2, 2008 are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before July 16, 2008.
Entered: June 16, 2008
JoAnn M. Wahl, Clerk