| Eastern Savings Bank, FSB v 106-09 Rockaway Owners C |
| Motion No: 2013-05246 |
| Slip Opinion No: 2013 NY Slip Op 76551(U) |
| Decided on June 12, 2013 |
| 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
M157816
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
SYLVIA HINDS-RADIX, JJ.
|
2013-05246 Eastern Savings Bank, FSB, respondent, v 106-09 Rockaway Owners Corp., et al., defendants; Gaetano Modica, nonparty-appellant. (Index No. 24888/05)
| DECISION & ORDER ON MOTION |
Motion by Gaetano Modica, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated May 14, 2013, and to stay his eviction from the subject premises, pending hearing and determination of the appeal.
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 appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., ROMAN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court