Onewest Bank, FSB v Prudent
Motion No: 2011-02696
Slip Opinion No: 2011 NY Slip Op 68870(U)
Decided on April 4, 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

M118030

E/ct

PETER B. SKELOS, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-02696

Onewest Bank, FSB, etc., plaintiff,

v Jacques Prudent, et al., defendants.

(Index No. 30461/09)

DECISION & ORDER ON MOTION

Motion by the defendant Gladys Prudent for leave to appeal to this Court from an unsigned order to show cause of the Supreme Court, Suffolk County, dated March 21, 2011, and, inter alia, to enjoin the plaintiff from evicting her from the subject premises until she can complete a modification agreement with respect to the underlying debt.

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 for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SKELOS, J.P., BELEN, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court