Emigrant Mortgage Company, Inc. v Fisher
Motion No: 2011-00205
Slip Opinion No: 2011 NY Slip Op 71916(U)
Decided on May 5, 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

M119648

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-00205

Emigrant Mortgage Company, Inc., appellant,

v Doris M. Fisher, respondent, et al.,

defendants.

(Index No. 15658/09)

DECISION & ORDER ON MOTION

Appeal by Emigrant Mortgage Company, Inc., from an order of the Supreme Court, Kings County, dated December 10, 2010. By decision and order on motion of this Court dated March 2, 2011, that branch of the appellant's motion which was to stay enforcement of the order pending hearing and determination of the appeal was granted on condition that the appeal was perfected on or before April 4, 2011. The appellant has not yet perfected the appeal.

On the Court's own motion, it is

ORDERED that the stay granted by the decision and order on motion dated March 2, 2011, is vacated.

COVELLO, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court