The Bank of New York Mellon, fomerly known as The Bank of New Yo
Motion No: 2017-01478
Slip Opinion No: 2017 NY Slip Op 66185(U)
Decided on March 3, 2017
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

M227127

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY, JJ.

2017-01478

The Bank of New York Mellon, formerly known

as The Bank of New York, etc., plaintiff-respondent,

v Donald Fairbanks, appellant, National City Bank,

defendant-respondent.

(Index No. 10093/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay his eviction from and the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated January 13, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., BALKIN, AUSTIN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court