Rubio-Modica v Modica
Motion No: 2011-06760
Slip Opinion No: 2011 NY Slip Op 92737(U)
Decided on December 13, 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

M130221

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2011-06760, 2011-07429

Adelaida Rubio-Modica, appellant,

v Salvatore Modica, respondent.

(Index No. 26601/09)

DECISION & ORDER ON MOTION

Appeal by Adelaida Rubio-Modica from an order of the Supreme Court, Queens County, dated June 27, 2011. By decision and order on motion of this Court dated September 16, 2011, the transfer, hypothecation, or encumbrance of the subject premises was stayed pending hearing and determination of the appeal on condition that the appeal was perfected on or before October 17, 2011. The appeal has not been perfected.

Now on the Court's own motion, it is

ORDERED that the stay granted by the decision and order on motion of this Court dated September 16, 2011, is vacated.

ANGIOLILLO, J.P., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court