| Indymac Bank, FSB v Yano-Horoski |
| Motion No: 2009-11392 |
| Slip Opinion No: 2010 NY Slip Op 60940(U) |
| Decided on January 14, 2010 |
| 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
M97167
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-11392 Indymac Bank, FSB, appellant, Diana Yano-Horoski, respondent, et al., defendant. (Index No. 17926-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order and judgment of the Supreme Court, Suffolk County, dated December 1, 2009, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted; and it is further,
ORDERED that the motion is granted, and enforcement of the order and judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 11, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 11, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court