| U.S. Bank, N.A. v Casale |
| Motion No: 2010-05837 |
| Slip Opinion No: 2010 NY Slip Op 85814(U) |
| Decided on October 21, 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
M109890
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2010-05837 U.S. Bank, N.A., respondent, v Robert Casale, et al., appellants, et al., defendants. (Index No. 05-1474)
| DECISION & ORDER ON MOTION |
Motion by the appellant Robert Casale, in effect, to stay the appellants' eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated May 14, 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 branch of the motion which is, in effect, to stay the appellants' eviction is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied as premature as the time to perfect the appeal does not expire until December 12, 2010 (see 22 NYCRR 670.8[e]).
We note that the appellant Suzanne Casale must appear either pro se or by an attorney (see CPLR 321[a]).
DILLON, J.P., ANGIOLILLO, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court