Emigrant Mortgage Company, Inc. v Miller Jr.
Motion No: 2010-09427
Slip Opinion No: 2010 NY Slip Op 85836(U)
Decided on October 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M109924

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2010-09427

Emigrant Mortgage Company, Inc., respondent,

v William C. Miller, Jr., etc., et al., appellants,

et al., defendants.

(Index No. 12484-08)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated July 29, 2010, inter alia, to stay enforcement of the judgment of foreclosure and sale of the same court entered November 4, 2009, pending hearing and determination of the appeal from the order.

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 to stay enforcement of the judgment of foreclosure and sale entered November 4, 2009, is granted and enforcement of the judgment of foreclosure and sale entered November 4, 2009, is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ANGIOLILLO, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court