| Schwyter v Denoble |
| Motion No: 2014-08418 |
| Slip Opinion No: 2015 NY Slip Op 81725(U) |
| Decided on August 14, 2015 |
| 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
M197010
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2014-08418 Herman Schwyter, et al., appellants, v John Denoble, Jr., respondent, et al., defendants. (Index No. 130708/13)
| DECISION & ORDER ON MOTION |
2015-04702
Warsowe Acquisition Corporation, etc.,
plaintiff-respondent, v John Denoble, Jr.,
appellant, et al., defendants; Herman
Schwyter, et al., nonparty-respondents.
(Index No. 100810/08)
Motion by John Denoble, Jr., to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Richmond County, dated June 25, 2014, and March 31, 2015, respectively, and to calendar the appeals together. Separate motion by John Denoble, Jr., to enlarge the time to serve and file a brief in connection with the appeal from the order dated June 25, 2014, and for this Court to take judicial notice of the order dated March 31, 2015.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay the foreclosure sale of the subject premises is denied; and it is further,
ORDERED that the branch of the motion which is to calendar the appeals together is granted, and the appeals will be argued or submitted on the same date; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief in connection with the appeal from the order dated June 25, 2014, is granted, and the brief submitted to the Clerk of the Court is accepted for filing and deemed timely served; and it is further,
ORDERED that on the Court's own motion, the time of Herman Schwyter and Margaritha Schwyter to serve and file a reply brief in connection with the appeal from the order dated June 25, 2014, is enlarged until August 24, 2015, and the reply brief, if any, must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is for this Court to take judicial notice of the order dated March 31, 2015, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
BALKIN, J.P., COHEN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court