Bank of New York Mellon, formerly known as Bank of Ne
Motion No: 2016-05823
Slip Opinion No: 2016 NY Slip Op 86730(U)
Decided on September 27, 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

M218855

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

L. PRISCILLA HALL

BETSY BARROS, JJ.

2016-05823

Bank of New York Mellon, formerly known as

Bank of New York, etc., respondent, v Joseph

Genova, also known as Joseph Genova, Jr.,

appellant, et al., defendants.

(Index No. 130482/12)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from a judgment of the Supreme Court, Richmond County, dated February 9, 2016, and to enlarge the time to perfect the appeal.

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 enforcement of the judgment is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied as premature as the time to perfect the appeal does not expire until November 14, 2016.

ENG, P.J., BALKIN, HALL and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court