| Fremont Investment & Loan v Galloway |
| Motion No: 2010-00607 |
| Slip Opinion No: 2010 NY Slip Op 84545(U) |
| Decided on October 8, 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
M107861
E/sl
A. GAIL PRUDENTI, P.J.
JOSEPH COVELLO
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2010-00607 Fremont Investment & Loan, respondent, v Janice Galloway, appellant, et al., defendants. (Index No. 06-3407)
| DECISION & ORDER ON MOTION |
Motion by Clifford Duberry, as biological father of the appellant and as agent for the appellant under a purported power of attorney dated January 19, 2010, in effect, to stay all proceedings to evict her from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated January 5, 2010, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is dismissed as Clifford Duberry does not have authority to make a motion on the appellant's behalf (see Whitehead v Town House Equities, Ltd., 8 AD3d 369).
PRUDENTI, P.J., COVELLO, DICKERSON and ENG, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court