Bayview Loan Servicing, LLC v FM Realty Enterprise
Motion No: 2009-00220
Slip Opinion No: 2009 NYSlipOp 63127(U)
Decided on February 9, 2009
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

M82269

E/nl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

MARK C. DILLON

RANDALL T. ENG, JJ.

2009-00220

Bayview Loan Servicing, LLC, respondent,

v FM Realty Enterprises, LLC, appellant.

(Index No. 10649/08)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 3, 2008.

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 pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 11, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 11, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MASTRO, J.P., SKELOS, DILLON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court