Indymac Bank v Richardson
Motion No: 2010-09795
Slip Opinion No: 2011 NY Slip Op 60379(U)
Decided on January 6, 2011
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

M113707

E/sl

ANITA R. FLORIO, J.P.

RANDALL T. ENG

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2010-09795, 2010-09810

Indymac Bank, respondent,

v Leacroft Richardson, appellant.

(Index Nos. 08-6057, 08-18594)

DECISION & ORDER ON MOTION

Motion by the appellant to stay his eviction from the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, both entered June 29, 2010, to consolidate the appeals, and to enlarge the time to perfect the appeals.

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 motion papers in accordance with the terms of the order to show cause of this Court dated December 9, 2010.

FLORIO, J.P., ENG, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court