| Richards v Emigrant Mortgage Company, Inc. |
| Motion No: 2010-03042 |
| Slip Opinion No: 2010 NY Slip Op 72471(U) |
| Decided on May 26, 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
M103441
E/sl
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
|
2010-03042 Jerolyn Richards, appellant, v Emigrant Mortgage Company, Inc., et al., respondents. (Index No. 3394/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, as well as certain "Civil Court" proceedings pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 25, 2009. Application by the respondent Emigrant Mortgage Company, Inc., to dismiss the appeal as untimely taken and for an award of fees and costs.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the application which is to dismiss the appeal as untimely taken is denied without prejudice to making a motion for that relief; and it is further,
ORDERED that the branch of the application which is for an award of fees and costs is denied.
MASTRO, J.P., COVELLO, BELEN and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court