Indymac Federal Bank, FSB v Batista
Motion No: 2012-01351
Slip Opinion No: 2012 NY Slip Op 65366(U)
Decided on February 27, 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

M133829

E/sl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2012-01351

Indymac Federal Bank, FSB, appellant,

v Luisa Batista, respondent, et al., defendants.

(Index No. 9014/09)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated December 14, 2011, and to stay enforcement of the order pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 12, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 12, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

DICKERSON, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court