Opteum Financial Services, LLC v Duffy
Motion No: 2008-09482
Slip Opinion No: 2008 NYSlipOp 91129(U)
Decided on December 4, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M79397

E/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-09482

Opteum Financial Services, LLC, respondent,

v John Duffy, appellant.

(Index No. 10252/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay a certain warrant of eviction dated October 9, 2008, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated September 18, 2008, and for leave to prosecute the appeal as a poor person.

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 motion is denied.

MASTRO, J.P., MILLER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court