EMC Mortgage Corporation v Tinari
Motion No: 2015-09698
Slip Opinion No: 2018 NY Slip Op 81612(U)
Decided on August 27, 2018
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

M254571

E/mm

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2015-09698

EMC Mortgage Corporation, respondent,

v Frederick Tinari, et al., appellants, et al.,

defendants.

(Index No. 4350/11)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a judgment of the Supreme Court, Suffolk County, dated February 10, 2016, to stay enforcement of a judgment of possession and warrant of eviction issued in an action entitled EMC Mortgage, LLC v Tinari, commenced in the Fifth District Court, County of Suffolk, under Case No. 249-18, pending hearing and determination of the appeal from the judgment dated February 10, 2016.

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

ORDERED that the motion is granted and enforcement of any judgment of possession and warrant of eviction issued in the action entitled EMC Mortgage, LLC v Tinari, commenced in the Fifth District Court, County of Suffolk, under Case No. 249-18, is stayed pending hearing and determination of the appeal from the judgment dated February 10, 2016.

RIVERA, J.P., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court