Avelo Mortgage, LLC v Thomas
Motion No: 2013-11195
Slip Opinion No: 2014 NY Slip Op 61604(U)
Decided on January 21, 2014
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

M168334

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

SYLVIA O. HINDS-RADIX, JJ.

2013-11195

Avelo Mortgage, LLC, plaintiff,

v Lashawn Thomas, defendant;

Tony Holdings, LLC, nonparty.

(Index No. 4761/08)

DECISION & ORDER ON MOTION

Motion by Lashawn Thomas for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated November 29, 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 the motion is otherwise denied as academic.

BALKIN, J.P., CHAMBERS, LOTT and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court