Mortgage Electronic Registration Systems, Inc. v Samuel
Motion No: 2006-04215
Slip Opinion No: 2006 NYSlipOp 69004(U)
Decided on May 19, 2006
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

M39843

A/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2006-04215

Mortgage Electronic Registration Systems, Inc.,

etc., respondent, v Olabell Himmel Samuel,

appellant, et al., defendant.

(Index No. 14066/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered April 18, 2006, in effect, to stay a foreclosure sale of the subject property 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 motion is granted and the foreclosure sale of the subject property is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 19, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 19, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SANTUCCI, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court