| Novastar Mortgage, Inc. v Rodriguez |
| Motion No: 2010-08798 |
| Slip Opinion No: 2011 NY Slip Op 70061(U) |
| Decided on April 14, 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. |
Appellate Division: Second Judicial Department
M118406
E/sl
PETER B. SKELOS, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2010-08798 Novastar Mortgage, Inc., respondent, v Edwin Rodgriguez, et al., defendants; Zennie S. Matematico, acting for Edwin Rodriguez pursuant to a power of attorney, nonparty-appellant. (Index No. 17493-07)
| DECISION & ORDER ON MOTION |
Motion by Edwin Rodriguez to stay his eviction pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 2, 2010. Separate motion by Zennie S. Matematico, acting for Edwin Rodriguez pursuant to a power of attorney, for poor person relief and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that Zennie S. Matematico is not authorized to file a notice of appeal on behalf of Edwin Rodriguez (see Whitehead v Town House Equities, 8 AD3d 369); and it is further,
ORDERED that the motions are denied as academic.
SKELOS, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court