IndyMac Bank, FSB v Izzo
Motion No: 2016-10274
Slip Opinion No: 2016 NY Slip Op 94087(U)
Decided on December 13, 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

M222847

E/afa

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2016-10274, 2016-10275

IndyMac Bank, FSB, respondent,

v Teresa Izzo, et al., appellants,

et al., defendants.

(Index No. 4111/08)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay the sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, entered May 25, 2016, and June 7, 2016, respectively.

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 which is to stay the sale of the subject premises is granted, and the sale of the subject premises, located at 516 Mulberry Lane, West Hempstead, New York, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 12, 2017; and it is further,

ORDERED that in the event the appeals are not perfected on or before January 12, 2017, 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 motion is otherwise denied.

RIVERA, J.P., SGROI, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court