CIT Bank NA v Vieux
Motion No: 2018-11405
Slip Opinion No: 2018 NY Slip Op 86920(U)
Decided on October 25, 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

M256828

E/mm

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

ANGELA G. IANNACCI, JJ.

2018-11405

CIT Bank NA, etc., respondent,

v Jacques Vieux, appellant.

(Index No. 52955/16)

DECISION & ORDER ON MOTION

Motion by Jacques Vieux for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated September 28, 2018, and to stay the foreclosure sale of the subject premises and all proceedings in the above-entitled action, pending hearing and determination of 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 for leave to appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., BALKIN, MILLER and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court