| US Bank, National Association v Mizrahi |
| Motion No: 2015-03599 |
| Slip Opinion No: 2016 NY Slip Op 93964(U) |
| Decided on December 9, 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
M222646
E/sl
CHERYL E. CHAMBERS, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2015-03599, 2015-03600, 2015-03601 US Bank, National Association, appellant, v Joseph Mizrahi, respondent, et al., defendants. (Index No. 4078/08)
| DECISION & ORDER ON MOTION |
2015-08105
Joseph Mizrahi, respondent,
v US Bank, National Association, appellant,
et al., defendants.
(Index No. 16793/14)
2016-08527
Joseph Mizrahi, respondent,
v US Bank, National Association, appellant,
et al., defendants.
(Index No. 16793/14)
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated June 13, 2016, in the action pending under Index No. 16793/14, pending hearing and determination of appeals from that order as well as appeals from four orders of the same court dated September 13, 2012, November 29, 2012, January 9, 2014, and May 28, 2015, respectively, and to consolidate the appeals from the orders dated September 13, 2012, November 29, 2012, January 9, 2014, the appeal from the order dated May 28, 2015, and the appeal from the order dated June 13, 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 enforcement of the order dated June 13, 2016, is granted, and enforcement of the order dated June 13, 2016, is stayed pending hearing and determination of the appeals on condition that the appeal from the order dated June 13, 2016, is perfected on or before January 9, 2017; and it is further,
ORDERED that in the event the appeal from the order dated June 13, 2016, is not perfected on or before January 9, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent-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 consolidate the appeals is denied; and it is further,
ORDERED that on the Court's own motion, the appeals from the orders dated September 13, 2012, November 29, 2012, January 9, 2014, the appeal from the order dated May 28, 2015, and the appeal from the order dated June 13, 2016, will be calendared together and will be argued or submitted on the same date.
CHAMBERS, J.P., COHEN, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court