Appellate Division: Second Judicial Department

M130346

E/sl

DANIEL D. ANGIOLILLO, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2011-04499, 2011-04500 Rosa Anna Delvalle, plaintiff-respondent, v Manuel Sarmiento, defendant-respondent, Option One Mortgage Corporation, appellant. (Index No. 7678/06)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Kings County, entered April 5, 2011, and a judgment of the same court entered May 4, 2011, to stay enforcement of the judgment as well as the conveyance or encumbrance of the subject real property, pending hearing and determination of the appeals.

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 the judgment entered May 4, 2011, as well as the conveyance or encumbrance of the subject real property located at 88-61 Myrtle Avenue, Glendale, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 5, 2012; and it is further,

ORDERED that in the event the appeals are not perfected on or before January 5, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the judgment entered May 4, 2011, is enlarged until January 5, 2012.

ANGIOLILLO, J.P., LOTT, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court