Appellate Division: Second Judicial Department

M190458

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-03875 Emigrant Savings Bank - Long Island, respondent, v Cynthia Chase, appellant, et al., defendant. (Index No. 25580/11)

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, Suffolk County, dated December 9, 2013. Separate motion by the appellant, in effect, to hold the appeal in abeyance, pending determination of a certain motion in the Supreme Court, Suffolk County, to waive payment of the filing fee, for free transcripts, and for the assignment of counsel.

Upon the papers filed in support of the motion to stay the foreclosure sale and the papers filed in opposition thereto, and upon the papers filed in support of the motion, in effect, to hold the appeal in abeyance, to waive payment of the filing fee, for free transcripts, and for the assignment of counsel, and the papers filed in opposition thereto, it is

ORDERED that the motion to stay the foreclosure sale is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to hold the appeal in abeyance is granted to the extent that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until May 26, 2015, and that branch of the motion is otherwise denied; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

 ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied.

BALKIN, J.P., ROMAN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court