| 473 Waverly Avenue, LLC v Silva, as executor of estate of |
| Motion No: 2016-08133 |
| Slip Opinion No: 2016 NY Slip Op 87988(U) |
| Decided on October 11, 2016 |
| 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
M218723
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2016-08133 473 Waverly Avenue, LLC, respondent, v Paul Silva, as executor of estate of Lillian Silva, appellant, et al., defendants. (Index No. 12370/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 22, 2016. Application by the respondent to dismiss the appeal on the ground that Paul Silva was not authorized to take the appeal on behalf of the estate of Lillian Silva.
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 application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is dismissed without prejudice to making a motion for the relief sought.
DILLON, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court