| KONDAUR CAPITAL CORPORATION, AS SEPARATE TRUSTEE OF MATAWIN VENTURES TRUST SERIES 2012-3 V DIANNE L. LUNN, - . NNPL |
| Motion No: CA 14-01560 |
| Slip Opinion No: 2016 NY Slip Op 64727(U) |
| Decided on February 17, 2016 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND SCUDDER, JJ.
DOCKET NO. CA 14-01560
DOCKET NO. CA 15-00733
| KONDAUR CAPITAL CORPORATION, AS SEPARATE TRUSTEE OF MATAWIN
VENTURES TRUST SERIES 2012-3, PLAINTIFF-RESPONDENT, V DIANNE L. LUNN, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO.
1.) NNPL TRUST SERIES 2012-1, PLAINTIFF-RESPONDENT, V DIANNE L. LUNN, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL
NO. 2.) |
Appellant having moved for a stay of a Referee's sale of a mortgaged premises pending the hearing and determination of the appeals take herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 10, 2014, and March 11, 2015,
Now, upon reading and filing the affidavit of Dianne L. Lunn sworn to January 26, 2016, the notice of motion with proof of service thereof, and the affirmation of Oran Schwager, Esq., dated February 8, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Because appellant can obtain an automatic stay by virtue of posting an undertaking to be affixed by Supreme Court, (see CPLR 5519 [a] [6], a discretionary stay is not available pursuant to CPLR 5519 [c]; Sullivan v Troser Management Inc., 30 AD3d 1118; Kightlinger v Kightlinger, 231 AD2d 969).
Entered: February 17, 2016
Frances E. Cafarell, Clerk