| Bank of N. Y. v Kenneth Schmidt, Occupant, & Dawn Ruocco |
| Motion No: 2010-01236 qc |
| Slip Opinion No: 2010 NY Slip Op 77016(U) |
| Decided on July 6, 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. |
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
| The Bank of New York, Respondent, v Kenneth Schmidt, Occupant, and Dawn Ruocco, Appellant. |
Court's own motion to recall and vacate a decision and order on motion of this court dated June 30, 2010 on an appeal from an order of the Civil Court of the City of New York, Queens County, entered May 26, 2010.
ORDERED, on the court's own motion, that the decision and order on motion of this court dated June 30, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by appellant to stay the re-letting, selling or altering of the premises, and 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 stay the re-letting, selling or altering of the premises, and to be restored to possession of the premises, pending appeal is denied.
ENTER:
Paul Kenny
Chief Clerk