Appellate Division: Second Judicial Department

M188906

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2015-01276 Wells Fargo Bank, N.A., respondent, v Hin Y. Limtung, appellant, et al., defendants. (Index No. 19442/07)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to appeal to this Court from so much of an order of the Supreme Court, Queens County, dated January 28, 2015, as directed a hearing on the issue of sanctions in the above-entitled action, and, inter alia, to stay the hearing, 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, in effect, for leave to appeal to this Court from so much of the order dated January 28, 2015, as directed the hearing on the issue of sanctions in the above-entitled action is granted; and it is further,

ORDERED that the branch of the motion which is to stay the hearing on the issue of sanctions is granted, and the hearing on the issue of sanctions in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 8, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 8, 2015,

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 the motion is otherwise denied.

DILLON, J.P., DICKERSON, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court