American Express Bank, FSB v Budyonny
Motion No: 2012-02000
Slip Opinion No: 2013 NY Slip Op 76819(U)
Decided on June 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M157905

E/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2012-02000

American Express Bank, FSB, respondent,

v Art Budyonny, appellant.

(Index No. 10-27072)

DECISION & ORDER ON MOTION

Motion by the appellant to stay a certain income execution, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered December 12, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a notice of appeal from a judgment of the Supreme Court, Westchester County, entered January 10, 2012 (see CPLR 5512[a]), and on or before June 28, 2013, the appellant is directed to serve and file a supplemental record containing a copy of the judgment; and it is further,

ORDERED that the motion is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court