Pinecrest National Funding, LLC v Aatlas-B Properties, In
Motion No: 2008-07065
Slip Opinion No: 2008 NYSlipOp 79689(U)
Decided on August 8, 2008
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

M74238

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2008-07065

Pinecrest National Funding, LLC, respondent,

v Aatlas-B Properties, Inc., et al., appellants,

et al., defendants.

(Index No. 2233/07)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a judgment of the Supreme Court, Kings County, dated June 19, 2008, to stay all proceedings in the above-entitled action, including the foreclosure sale of 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 to the extent that the foreclosure sale of the subject premises is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 10, 2008, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 10, 2008, 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., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court