Flagstar Bank, FSB v Alvarez Cano
Motion No: 2010-10215
Slip Opinion No: 2010 NY Slip Op 90495(U)
Decided on December 13, 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

M112472

J/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2010-10215

Flagstar Bank, FSB, respondent,

v Felix Alvarez Cano, appellant,

et al., defendants.

(Index No. 5318-08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated September 7, 2010, to stay the sale of the subject premises pending hearing and determination of the appeal.

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

ORDERED that the motion is dismissed for failure to serve the order to show cause and supporting papers in accordance with its terms.

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court