US Bank, National Association v Schewehr, as executor of

US Bank, National Association v Schewehr, as executor of

Motion No: 2016-04490

Slip Opinion No: 2016 NY Slip Op 76940(U)

Decided on June 16, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M213349

E/sl

RANDALL T. ENG, P.J.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-04490
US Bank, National Association, etc., plaintiff-
respondent, v Leonard Schewehr, as executor
of the estate of Doris Schewehr, defendant-
respondent, et al., defendants; Hampton
Dream Properties, LLC, nonparty-appellant.
(Index No. 30362/11)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, in effect, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated March 28, 2016.

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

ORDERED that on the Court's own motion, Leonard Schewehr, as executor of the estate of Doris Schewehr, is substituted for the deceased defendant-respondent, Doris Schewehr, in accordance with an order of the Supreme Court, Suffolk County, dated June 4, 2015, and the caption is amended accordingly; and it is further,

ORDERED that the motion is denied.

ENG, P.J., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court