| Pinecrest National Funding, LLC v Aatlas-B Properties, In |
| Motion No: 2008-00938 |
| Slip Opinion No: 2008 NYSlipOp 86025(U) |
| Decided on October 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
M77021
E/sl
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
EDWARD D. CARNI, JJ.
|
2008-00938, 2008-00939 Pinecrest National Funding, LLC, plaintiff, v Aatlas-B Properties, Inc., et al., defendants. (Matter No. 1) In the Matter of Anthony Tirone, etc., petitioner- respondent, v Aatlas-B Properties, Inc., et al., respondents, Tom Tompkins, appellant. (Matter No. 2) (And other titles) (Index Nos. 07-233, 07-3963)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay his eviction from the subject premises, pending hearing and determination of appeals from an order of the Supreme Court, Westchester County, entered December 5, 2007, and a judgment of the same court entered January 11, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that Pinecrest National Funding, its agents and attorneys, as well as the Sheriff or Marshall are stayed from enforcing a judgment of possession entered in the above-entitled action on September 25, 2008, and a warrant of eviction in the above-entitled action dated September 25, 2008, both concerning the appellant, pending hearing and determination of the appeals, and the motion is otherwise denied.
SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court