Appellate Division: Second Judicial Department

M171461

E/ct

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2013-00385, 2014-01151 U.S. Bank National Association, appellant v Delroy F. Edwards, respondent, et al., defendants. (Index No. 24235/07)

DECISION & ORDER ON MOTION ,

Motion by the appellant to recall and vacate an order on application of this Court dated May 31, 2013, which marked as withdrawn an appeal from an order of the Supreme Court, Kings County, dated September 5, 2012, to reinstate the appeal, and, in effect, to stay enforcement of that order as well as an order of the same court dated October 29, 2013, including any proceedings to hold the appellant in contempt of the orders, pending hearing and determination of the appeals.

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

ORDERED that the motion is granted, and enforcement of the orders, including any proceedings to hold appellant in contempt of the orders, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before April 21, 2014; and it is further,

ORDERED that in the event the appeals are not perfected on or before April 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.

BALKIN, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court