| Emigrant Mortgage Company, Inc. v Hart |
| Motion No: 2013-10708 |
| Slip Opinion No: 2013 NY Slip Op 94874(U) |
| Decided on December 20, 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
M167139
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2013-10708 Emigrant Mortgage Company, Inc., respondent, v Kenneth W. Hart, et al., defendants, Catherine Hart, appellant. (Index No. 09-25093)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered November 25, 2013.
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 the foreclosure sale of the premises located at 816 Lake Street, West Harrison, New York, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 21, 2014; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 21, 2014, 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.
RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court