| TD Bank, N.A. v Kabacinski |
| Motion No: 2013-08923 |
| Slip Opinion No: 2013 NY Slip Op 88172(U) |
| Decided on October 11, 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
M163681
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-08923 TD Bank, N.A., etc., plaintiff-respondent, v Andrew Kabacinski, appellant, et al., defendants; Erik Tweed, et al., nonparty-respondents. (Index No. 44266/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay his eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated July 9, 2013. Cross motion by Erik Tweed and Susanna Tweed pursuant to CPLR 1012 and 1013 for leave to intervene as respondents on the appeal or, in the alternative, 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 cross motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is pursuant to CPLR 1012 and 1013 for leave to intervene as respondents is denied as unnecessary as Erik Tweed and Susanna Tweed are nonparty-respondents on the appeal; and it is further,
ORDERED that the cross motion is otherwise denied.
RIVERA, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court