Appellate Division: Second Judicial Department

M209379

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2016-02082 HSBC Bank USA, N.A., respondent, v Larinzo Clayton, etc., appellant, et al., defendants. (Index No. 11787/12)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated February 2, 2016, and to deem the notice of appeal from the order to be a notice of appeal from a judgment of the same court also dated February 2, 2016.

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 to stay the foreclosure sale of the subject premises is granted, and the foreclosure sale of the subject premises, located at 505 Alicia Drive, Westbury, NY 11590, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 2, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 2, 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 branch of the motion which is to deem the notice of appeal from the order to be the notice of appeal from the judgment is granted (see CPLR 5512[a]); and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BALKIN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court