| JPMorgan Chase Bank, National Association v Lilker |
| Motion No: 2015-10608 |
| Slip Opinion No: 2016 NY Slip Op 63464(U) |
| Decided on February 5, 2016 |
| 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
M206068
E/sl
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
COLLEEN D. DUFFY, JJ.
|
2015-10608 JPMorgan Chase Bank, National Association, respondent, v Molly I. Lilker, etc., et al., appellants, et al., defendants. (Index No. 11358/13)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered September 9, 2015, to stay enforcement of a judgment of foreclosure of the same court dated December 19, 2014, including the foreclosure sale of the subject premises, pending hearing and determination of the appeal from the order, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that enforcement of the judgment of foreclosure dated December 19, 2014, including the foreclosure sale of the subject premises, is stayed pending hearing and determination of the appeal from the order on condition that the appeal is perfected on or before March 7, 2016; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 7, 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; and it is further,
ORDERED that the appeal will be calendared expeditiously after all of the briefs have been filed.
CHAMBERS, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court