Appellate Division: Second Judicial Department

M66558

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2008-01016 US Bank National Association, etc., plaintiff- appellant, v Eugene Hickey, et al., respondents, et al., defendants; 165 S. 15th Street Corp., nonparty-appellant. (Index No. 27974-04)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on an appeal from an order of the Supreme Court, Suffolk County, dated December 19, 2007, to stay all proceedings in the above-entitled action, including enjoining the plaintiff-appellant from accepting a payoff of the subject mortgage, and enjoining the respondents their agents, employees, or anyone acting on their behalf from taking any steps to record a deed transferring title to the subject premises, to vacate the subject notice of pendency, or to record a mortgage further encumbering the subject premises, 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 all proceedings in the above-entitled action are stayed, the plaintiff-appellant is enjoined from accepting a payoff of the subject mortgage, and the respondents, their agents, employees, or anyone acting on their behalf are enjoined from taking any steps to record a deed transferring title to the subject premises, to vacate the subject notice of pendency, or to record a mortgage further encumbering the subject premises, pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 13, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 13, 2008, the court, on its own motion, may vacate the stay, or the parties respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the plaintiff-appellant shall perfect its appeal on or before March 13, 2008; and it is further,

ORDERED that the respondents' shall serve and file a brief on or before March 27, 2008, and the respondents' brief, if any, must be served and filed on or before that date; and it is further,

ORDERED that the plaintiff-appellant and nonparty-appellant shall serve and file their respective reply briefs on or before April 7, 2008, and the reply briefs, if any, must be served and filed on or before that date.

RIVERA, J.P., RITTER, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court