| National City Bank of Indiana v McEntee |
| Motion No: 2012-07915 |
| Slip Opinion No: 2012 NY Slip Op 83911(U) |
| Decided on September 13, 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. |
Appellate Division: Second Judicial Department
M143433
E/sl
REINALDO E. RIVERA, J.P.
RANDALL T. ENG
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2012-07915
National City Bank of Indiana, respondent, v Alfred R. McEntee, et al., defendants, Matthew McEntee, appellant. (Index No. 13777/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered June 27, 2012, to vacate the judgment of foreclosure, and for poor person relief.
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 prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are to stay the foreclosure sale, to vacate the judgment of foreclosure, to waive payment of the filing fee, and for free transcripts are denied.
RIVERA, J.P., ENG, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court