U.S. Bank National Association v Stewart
Motion No: 2010-09079
Slip Opinion No: 2011 NY Slip Op 83472(U)
Decided on September 14, 2011
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

M125762

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2010-09079

U.S. Bank National Association, etc., respondent,

v Andrew Stewart, et al., appellants.

(Index No. 7342/06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay their eviction and to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered July 29, 2010. Separate motion by the appellants to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion for a stay and the papers filed in opposition thereto, and upon the papers filed in support of the motion to enlarge the time to perfect the appeal and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion for a stay is denied; and it is further,

ORDERED that the motion to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until October 14, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ANGIOLILLO, J.P., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court