New Century Mortgage Corp. v Brister
Motion No: 2011-11132
Slip Opinion No: 2011 NY Slip Op 93029(U)
Decided on December 19, 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

M130539

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2011-11132

New Century Mortgage Corp., plaintiff,

v Osbey Brister, et al., defendants.

(Index No. 6894/07)

DECISION & ORDER ON MOTION

Motion by nonparty Michelle Simmons for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated December 1, 2011, and, in effect, to stay the sale of the subject premises, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., FLORIO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court