| JP Morgan Chase Bank v Butler |
| Motion No: 2013-07136 |
| Slip Opinion No: 2013 NY Slip Op 81294(U) |
| Decided on August 1, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M160201
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX, JJ.
|
2013-07136 JP Morgan Chase Bank, National Association, etc., appellant, v Frederick Butler, respondent, et al., defendants. (Index No. 1686/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated July 5, 2013, as well as all proceedings in the above-entitled action, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that enforcement of so much of the order as directed the distribution of the sum of $55,617.11 to the respondent is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 3, 2013, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 3, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court