Hsbc Bank Usa Natl. Assn. As Trustee Under Pooling & Servicing Agreement Dated As of Nov. 1, 2005, Fremont Home Loan Trust Paul Peart, Abena Allen, Andrews Richards, "john Doe" & Sandra Crooks, Occupants & Clifford Duberry
Motion No: 2010-01226 wc
Slip Opinion No: 2010 NY Slip Op 79863(U)
Decided on August 4, 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 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

MELVYN TANENBAUM

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2010-1226 W C
2005-D, Respondent, v Janice Galloway,
HSBC Bank USA National Association as Trustee Under the Pooling and Servicing Agreement Dated as of November 1, 2005, Fremont Home Loan Trust Paul Peart, Abena Allen, Andrews Richards, "John Doe" and Sandra Crooks, Occupants and Clifford Duberry, Appellant.

Motion by appellant for a stay pending the determination of an appeal from an order of the City Court of Mount Vernon, Westchester County, entered May 17, 2010. Motion by respondent for leave to file late opposition papers to appellant's motion.

Upon the papers filed in support of the motions, it is,

ORDERED, on the court's own motion, that the motion by appellant and the motion by respondent are consolidated for purposes of disposition; and it is further,

ORDERED that the motion by respondent to file late opposition is granted and the opposing papers are deemed timely served and filed, and it is further,

ORDERED that the motion by appellant for a stay is denied.

ENTER:

Angela G. Iannacci

Associate Justice