Deutsche Bank v Coscia
Motion No: 2011-02461
Slip Opinion No: 2011 NY Slip Op 71177(U)
Decided on April 27, 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

M119151

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2011-02461

Deutsche Bank, plaintiff-respondent

v Marie Coscia, et al., defendants; Katherine

M. DiMonaco, appellant; Marcin Kotowski,

et al., nonparty-respondents.

(Index No. 26096/07)

DECISION & ORDER ON MOTION

Motion by Katherine M. DiMonaco for leave to appeal to this Court from an order of the Supreme Court, Queens County, entered February 15, 2011, to stay her eviction pending hearing and determination of the appeal, for poor person relief, and for the assignment of counsel.

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 on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court