Deutsche Bank v Coscia
Motion No: 2011-02461
Slip Opinion No: 2011 NY Slip Op 73694(U)
Decided on May 24, 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

M120412

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 the appellant, in effect, to recall and vacate so much of a decision and order on motion of this Court dated April 27, 2011, as dismissed an appeal from an order of the Supreme Court, Queens County, entered February 15, 2011, to reinstate her appeal, 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 motion is denied.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court