Appellate Division: Second Judicial Department

M46599

C/sl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2005-07252, 2005-08021, 2005-11548, 2006-00063, 2006-06650, 2006-07933, 2006-09028 Washington Mutual Bank, FA, etc., appellant- respondent, v Peak Health Club, Inc., et al., respondents-appellants, et al., defendant. (Action No. 1) (Index No. 18977/03) Merrill Lynch Business Financial Services, Inc., respondent, v Peak Health Club, Inc., et al., defendants, Washington Mutual Bank, FA, etc., appellant (and a third-party action). (Action No. 2) (Index No. 004068/04)

DECISION & ORDER ON MOTION

Motion by Washington Mutual Bank, FA, on appeals from two orders of the Supreme Court, Nassau County, dated June 13, 2005 (Appellate Division Docket Nos. 2005-07252 and 2005-11548), an order of the same court dated June 30, 2005 (Appellate Division Docket No. 2005-08021), an amended order of the same court dated December 9, 2005 (Appellate Division Docket No. 2006-00063), a judgment of the same court entered March 29, 2006 (Appellate Division Docket No. 2006-07933), an order of the same court dated May 2, 2006 (Appellate Division Docket No. 2006-06650), and a judgment of the same court dated July 31, 2006 (Appellate Division Docket No. 2006-09028), inter alia, to stay the foreclosure sale of the subject premises pending hearing and determination of the appeals, and for a preference in the hearing and determination of the appeals.

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

ORDERED that the motion is denied.

FLORIO, J.P., MASTRO, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court