the Bank of New York Mellon Trust v John D. Claypoole

Motion No: M-4324

Slip Opinion No: 2016 NYSlipOp 95969(U)

Decided on December 8, 2016

Appellate Division, First 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.

December 8, 2016

The Bank of New York Mellon Trust

Company, N.A., formerly known as

The Bank of New York Trust Company,

etc.,

Plaintiff-Respondent-Appellant,

v

John D. Claypoole,

Defendant-Appellant-Respondent,

New York City Parking Violations

Bureau, et al.,

Defendants.

An appeal having been taken by defendant from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about August 12, 2016,And, an appeal and cross appeal having been taken from

an order of the Supreme Court, New York County, entered on or about May 31, 2016, And, an order of a Justice of this Court, dated August 25, 2016, having granted an interim stay of that part of the aforesaid orders which expunged the December 3, 2004 mortgage, And, defendant having moved to stay enforcement of the May 31, 2016 order and August 12, 2016 judgment, pending determination of the appeal, Now, upon reading and filing the papers with respect

to the motion, and due deliberation having been had thereon,

it is Ordered that the motion is granted to the extent of continuing the interim relief granted by order of a Justice

of this Court on August 25, 2016 on condition defendant perfects his appeal on or before January 30, 2017 for the April 2017 Term. ENTERED: December 8, 2016

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr.,Justice Presiding, Diane T. Renwick Sallie Manzanet-Daniels Judith J. Gische Troy K. Webber, Justices

M-4324

Index No. 157861/14