Appellate Division: Second Judicial Department

M205456

E/sl

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2015-12586 JP Morgan Chase, plaintiff, v Michael S. Rajendran, respondent, et al., defendants; Louis Zazzarino, nonparty-appellant. (Index No. 30576/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Westchester County, entered November 20, 2015, as directs a new public auction for the sale of the subject premises, and to stay JP Morgan Chase, Michael S. Rajendran, and Referee M. David Lacher, or anyone acting on their behalf, from selling, transferring, conveying, encumbering, or disturbing in any manner the subject premises, pending hearing and determination of an appeal from the order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, enforcement of so much of the order of the Supreme Court, Westchester County, entered November 20, 2015, as directs a new public auction for the sale of the subject premises, located at 50 East Hartsdale Avenue, Unit LLG, Hartsdale, New York, is stayed, and JP Morgan Chase, Michael S. Rajendran, and Referee M. David Lacher, or anyone acting on their behalf, are stayed from selling, transferring, conveying, encumbering, or disturbing in any manner the subject premises, pending hearing and determination of the appeal from the order entered November 20, 2015, on condition that the appeal is perfected on or before February 25, 2016; and it is further,

 ORDERED that in the event the appeal is not perfected on or before February 25, 2016, 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.

RIVERA, J.P., SGROI, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court