Bank of N. Y. v Kenneth Schmidt, Occupant, & Dawn Ruocco

Bank of N. Y. v Kenneth Schmidt, Occupant, & Dawn Ruocco

Motion No: 2010-01236 qc

Slip Opinion No: 2010 NY Slip Op 76396(U)

Decided on June 30, 2010

Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JOSEPH G. GOLIA

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2010-1236 Q C

The Bank of New York, Respondent, v Kenneth Schmidt, Occupant, and Dawn Ruocco, Appellant.

Motion by appellant to be restored to possession of the premises pending an appeal from an order of the Civil Court of the City of New York, Queens County, entered May 26, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,

ORDERED that the motion by appellant to be restored to possession of the premises pending appeal is denied.

ENTER:

Michel L. Pesce

Presiding Justice