Appellate Division: Second Judicial Department

M173357

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2013-10933, 2013-10934 Dime Savings Bank of Williamsburgh, res v Valentina Kurbatsky, appellant, et al., de (Index No. 500440/12)

DECISION & ORDER ON MOTION pondent, fendants.

Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from a decision of the Supreme Court, Kings County, dated August 5, 2013, and an order of the same court dated September 4, 2013.

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

ORDERED that on the Court's own motion, the appeal from the decision (Appellate Division Docket No. 2013-10933) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is granted, and the foreclosure sale of the subject premises, located at 3072 Brighton First Street, Brooklyn, New York, is stayed pending hearing and determination of the appeal from the order dated September 4, 2013 on condition that the appeal from the order is perfected on or before May 30, 2014; and it is further,

ORDERED that in the event the appeal from the order is not perfected on or before May 30, 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; and it is further,

 ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the order dated September 4, 2013, is enlarged until May 30, 2014, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date.

BALKIN, J.P., CHAMBERS, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court