Deutsche Bank National Trust Company v Ezagui
Motion No: 2008-10631
Slip Opinion No: 2009 NY Slip Op 71141(U)
Decided on April 30, 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

M86015

E/cb

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-10631

Deutsche Bank National Trust Company,

etc., respondent, v Eliyahu Ezagui, et al.,

defendants, Board of Managers of Kingston

Gardens Condominium, appellant.

(Index No. 22603/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings as well as enforcement of any judgment of foreclosure in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 23, 2008, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to stay all proceedings as well as enforcement of any judgment of foreclosure in the above-entitled action is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until June 29, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., FLORIO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court