Emigrant Mortgage Company, Inc. v Moorer
Motion No: 2011-01413
Slip Opinion No: 2011 NY Slip Op 65442(U)
Decided on March 1, 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

M116159

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2011-01413

Emigrant Mortgage Company, Inc., appellant,

v George W. Moorer, Jr., et al., respondents.

(Index No. 19353/08)

DECISION & ORDER ON MOTION

Motion by Emigrant Mortgage Company, Inc., for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated January 5, 2011, and to declare that certain money deposited with the Queens County Clerk is a bond.

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 branch of the motion which is for leave to appeal is denied, and the motion is otherwise denied as academic; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court