| Midland Funding, LLC Doing Bus. In N. Y. As Midland Funding of Del., LLC v Jean Gustinvil |
| Motion No: 2011-02394 sc |
| Slip Opinion No: 2011 NY Slip Op 94006(U) |
| Decided on December 29, 2011 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
MELVYN TANENBAUM, J.P.
FRANCIS A. NICOLAI
DENISE F. MOLIA, JJ.
DECISION & ORDER ON MOTION
| Midland Funding, LLC Doing Business in New York as Midland Funding of Delaware, LLC, Respondent, v Jean Gustinvil, Appellant. |
Motions by appellant, returnable September 26, 2011 and October 26, 2011, for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, First District, dated August 25, 2011.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that the motion returnable September 26, 2011 is denied as appellant failed to serve respondent's attorney with the motion; and it is further,
ORDERED that the motion returnable October 26, 2011 is granted on condition that the appeal be perfected by April 6, 2012 and on the further condition that appellant deposit the sum of $1,069.95 with the District Court within 10 days of the date of this decision and order; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk