| Fontana v Washington Mutual Bank (WAMU) |
| Motion No: 2008-07793 |
| Slip Opinion No: 2008 NYSlipOp 82147(U) |
| Decided on September 10, 2008 |
| 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
M75464
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS, JJ.
|
2008-07793 Salvatore Fontana, appellant, v Washington Mutual Bank (WAMU), respondent. (Index No. 18920/08)
| DECISION & ORDER ON MOTION |
Motion by Salvatore Fontana for leave to appeal to this court from a transcript of the Supreme Court, Queens County, dated August 6, 2008, to stay his eviction from the subject premises, pending hearing and determination of the appeal, and for poor person relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order is denied as academic; and it is further,
ORDERED that the branch of the motion which is for poor person relief is granted to the extent that the motion filing fee is waived and that branch of the motion is otherwise denied as academic.
RIVERA, J.P., MILLER, ANGIOLILLO and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court