Ganz v Regensburg
Motion No: 2011-08659
Slip Opinion No: 2011 NY Slip Op 87286(U)
Decided on October 20, 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

M127346

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2011-08659

David Ganz, plaintiff, v Charles Regensburg,

Sr., et al., defendants.

(Index No. 11703-07)

DECISION & ORDER ON MOTION

Motion by the defendants for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated September 22, 2011, and, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal.

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 dismissed for failure to serve the plaintiff in accordance with the terms of the order to show cause.

ANGIOLILLO, J.P., FLORIO, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court