Appellate Division: Second Judicial Department

M77222

E/sl

PETER B. SKELOS, J.P.

DAVID S. RITTER

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2008-08857 Alice Johnson, respondent, v Matthew Melnikoff, et al., defendants, Bank of New York Trust Company, N.A., appellant. (Index No. 10548/07)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of so much of an order of the Supreme Court, Kings County, dated September 11, 2008, as granted the respondent's motion for summary judgment to the extent that the mortgage held by the appellant was declared to be null and void, pending hearing and determination of an appeal from the order.

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 enforcement of so much of the order dated September 11, 2008, as granted the respondent's motion for summary judgment to the extent that the mortgage held by the appellant was declared to be null and void is stayed on condition that the appeal is perfected on or before November 14, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 14, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SKELOS, J.P., RITTER, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court