EMC Mortgage Corporation v Asturizaga
Motion No: 2014-09887
Slip Opinion No: 2015 NY Slip Op 81623(U)
Decided on August 13, 2015
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

M196997

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2014-09887

EMC Mortgage Corporation, respondent,

v Diane Dimitry Asturizaga, appellant,

et al., defendant.

(Index No. 6115/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay her eviction from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered August 13, 2014, and to enlarge the time to perfect 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 to stay the appellant's eviction from the subject premises is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until August 21, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

BALKIN, J.P., COHEN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court