U.S Bank National Association v Mayala
Motion No: 2010-00422
Slip Opinion No: 2010 NY Slip Op 83835(U)
Decided on September 30, 2010
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

M109034

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

ANITA R. FLORIO

PLUMMER E. LOTT, JJ.

2010-00422, 2010-0454, 2010-08578

U.S. Bank National Association, etc.,

appellant, v Wentz Mayala, et al.,

defendants, Juan Vega, et al., respondents.

(Appeal No. 1)

Juan Vega, et al., respondents,

v Wentz Mayala, et al., defendants,

MERS, also known as Mortgage Electronic

Registration Systems, Inc., et al., appellants

(and a third-party action).

(Appeal Nos. 2, 3)

(Index Nos. 13809/07, 12884/06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the sale of the subject premises or stay the referee from distributing the proceeds of the sale, pending hearing and determination of appeals from a judgment of the Supreme Court, Kings County, dated September 25, 2009, and two orders of the same court dated September 25, 2009, and July 7, 2010, respectively.

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

ORDERED that the motion is denied.

FISHER, J.P., DILLON, FLORIO and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court