| Emigrant Mortgage Company, Inc. v Miller |
| Motion No: 2010-09427 |
| Slip Opinion No: 2011 NY Slip Op 77811(U) |
| Decided on July 7, 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
M122824
E/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
SANDRA L. SGROI, JJ.
|
2010-09427 Emigrant Mortgage Company, Inc., respondent, v William C. Miller, Jr., etc., et al., appellants, et al., defendants. (Index No. 12484-08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated July 29, 2010, for failure to timely perfect.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the stay of enforcement of a judgment of foreclosure and sale of the same court entered November 4, 2009, which was granted by a decision and order on motion of this Court dated October 22, 2010, is vacated.
COVELLO, J.P., ANGIOLILLO, DICKERSON and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court