341 East LLC v Thompson
Motion No: 2012-10460
Slip Opinion No: 2012 NY Slip Op 94019(U)
Decided on December 18, 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

M148405

E/ct

WILLIAM F. MASTRO, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-10460

341 East, LLC, respondent,

v Shirley Thompson, appellant,

et al., defendant.

(Index No. 4998/11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated November 15, 2011, pending hearing and determination of an appeal therefrom, and for poor person relief. Application by the respondent to dismiss the appeal as untimely taken.

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

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

ORDERED that the application is denied without prejudice to making a motion for that relief.

MASTRO, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court