Manufacturers and Traders Trust Co., as Trustees v Bertho
Motion No: 2013-10144
Slip Opinion No: 2013 NY Slip Op 92739(U)
Decided on November 29, 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

M166074

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2013-10144

Manufacturers and Traders Trust Co.,

as Trustee, plaintiff, v Anne Berthole, etc.,

et al., defendants, Anthony Berthole,

respondent, Gladys Menardy, appellant.

(Index No. 7797/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Queens County, entered September 17, 2013, as directs the distribution of surplus funds resulting from a foreclosure sale, pending hearing and determination of an appeal from the order.

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

ORDERED that the motion is denied.

SKELOS, J.P., LEVENTHAL, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court