| Avelo Mortgage, LLC v Friedman |
| Motion No: 2014-05796 |
| Slip Opinion No: 2014 NY Slip Op 76766(U) |
| Decided on July 2, 2014 |
| 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
M176595
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2014-05796 Avelo Mortgage, LLC, respondent, v Arlene Friedman, etc., et al., defendants; Bernard Friedman, etc., nonparty-appellant. (Index No. 10432/07)
| DECISION & ORDER ON MOTION |
Motion by Bernard Friedman for leave to appeal to this Court from an order to show cause of the Supreme Court, Kings County, dated June 10, 2014, and, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted, and the moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branch of the motion which is to stay the foreclosure sale of the subject premises is granted, and the foreclosure sale of the subject premises, located at 70-12 170th Street, Fresh Meadows, New York, is stayed pending either hearing and determination of the appeal or determination by the Supreme Court, Kings County, of the underlying motion initiated by the order to show cause, whichever occurs first; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court