| Mazzei v Kyriacou |
| Motion No: 2014-07688 |
| Slip Opinion No: 2014 NY Slip Op 84760(U) |
| Decided on September 26, 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
M180611
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2014-07688 Michael Mazzei, appellant, v Nicole Kyriacou, etc., et al., defendants, U.S. Bank National Association, respondent. (Index No. 22907/10)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion dated September 25, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated July 28, 2014, and to stay enforcement of the order 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 denied as unnecessary as the order is appealable as of right (see CPLR 5701) and on or before November 12, 2014, the appellant must file a notice of appeal in the Office of the County Clerk, Nassau County, and file proof of filing with this Court; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order is granted to the extent that enforcement of so much of the order as grants the branch of the respondent's cross motion which was to cancel the notice of pendency against Section 65, Block 241, Lot 37 and as directs the Nassau County Clerk to cancel the notice of pendency against Section 65, Block 241, Lot 37 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 13, 2014, and that branch of the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 13, 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., CHAMBERS, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court