Eastern Savings Bank, FSB v Assante
Motion No: 2011-03461
Slip Opinion No: 2011 NY Slip Op 87562(U)
Decided on October 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

M127753

E/ct

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-03461, 2011-08847

Eastern Savings Bank, FSB, respondent,

v Armand Assante, defendant third-party

plaintiff-appellant, et al., defendants;

Armand Assante, Inc., third-party plaintiff-

appellant; Nugent & Haeussler, P.C.,

et al., third-party defendants-respondents.

(Index No. 9976/09)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay the foreclosure sale of the subject real property, pending hearing and determination of appeals from an order of the Supreme Court, Orange County, dated July 13, 2011, and a judgment of the same court dated August 9, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied without prejudice to seeking any appropriate relief in the Supreme Court, Orange County.

FLORIO, J.P., DICKERSON, CHAMBERS and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court