Ameriquest Mortgage Company v Brunot
Motion No: 2009-11596
Slip Opinion No: 2010 NY Slip Op 88850(U)
Decided on November 24, 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

M111504

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2009-11596

Ameriquest Mortgage Company, respondent,

v Marie Brunot, etc., appellant, et al., defendants.

(Index No. 21978/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered October 8, 2009. Application by the respondent to dismiss the appeal as untimely taken.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is denied without prejudice to making a motion for that relief (see CPLR 8022[b]); and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until December 29, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court