U.S. Bank, N.A. v Russell
Motion No: 2008-10077
Slip Opinion No: 2009 NYSlipOp 62361(U)
Decided on January 29, 2009
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

M81871

E/sl

PETER B. SKELOS, J.P.

DAVID S. RITTER

ANITA R. FLORIO

HOWARD MILLER, JJ.

2008-10077

U.S. Bank, N.A., etc., respondent,

v Sherreth F. Russell, appellant, et al.,

defendants.

(Index No. 22322/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay her eviction from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered October 24, 2008, and to waive the motion filing fee.

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 to waive the motion filing fee is granted; and it is further,

ORDERED that the branch of the motion which is to stay the appellant's eviction is denied.

SKELOS, J.P., RITTER, FLORIO and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court