Diversified Equities, LLC v Noel Wallen
Motion No: 2019-00897 QC
Slip Opinion No: 2019 NY Slip Op 75370(U)
Decided on July 8, 2019
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2019-897 Q C
Diversified Equities, LLC, Respondent, v Noel Wallen, Appellant.

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered April 25, 2019, to vacate any liens and any restraints on appellant's bank account, and, in effect, for summary reversal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied with leave to appellant to renew, in the Civil Court, the branch of his motion seeking to vacate any liens and any restraints on his bank account.

In support of his motion, appellant has submitted documents tending to show that the funds in his bank account consist of his Social Security Disability income. However, as these documents are not in the record on appeal, they must first be submitted to the Civil Court.

ENTER:

Paul Kenny

Chief Clerk