Delvalle v Sarmiento
Motion No: 2011-04499
Slip Opinion No: 2012 NY Slip Op 63204(U)
Decided on February 3, 2012
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

M132727

E/sl

DANIEL D. ANGIOLILLO, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2011-04499, 2011-04500

Rosa Anna Delvalle, plaintiff-respondent,

v Manuel Sarmiento, defendant-respondent,

Option One Mortgage Corporation, appellant.

(Index No. 7678/06)

DECISION & ORDER ON MOTION

Appeals by Option One Mortgage Corporation from an order of the Supreme Court, Kings County, entered April 5, 2011, and a judgment of the same court entered May 4, 2011. By decision and order on motion of this Court dated December 14, 2011, enforcement of the judgment as well as the conveyance or encumbrance of the subject real property were stayed pending hearing and determination of the appeals, on condition that the appeals were perfected on or before January 5, 2012. The appeals have not been perfected.

Now, on the Court's own motion, it is

ORDERED that the stay granted by the decision and order on motion dated December 14, 2011, is vacated.

ANGIOLILLO, J.P., LOTT, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court