Onewest Bank, F.S.B. v Bienenstock
Motion No: 2015-09927
Slip Opinion No: 2015 NY Slip Op 90179(U)
Decided on November 10, 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

M201493

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-09927

Onewest Bank, F.S.B., plaintiff,

v Stuart Bienenstock, et al., defendants.

(Index No. 1270/10)

DECISION & ORDER ON MOTION

Motion by Stuart Bienenstock and Erica Bienenstock for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated October 16, 2015, and, inter alia, to stay the sale of the subject premises, pending hearing and determination of the appeal.

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 dismissed for failure to provide proof of service of the motion in accordance with the terms of the order to show cause.

RIVERA, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court