Carver Federal Savings Bank v David Carroll Mia Michaux Carroll et al. .

Motion No: M-5400

Slip Opinion No: 2016 NYSlipOp 96017(U)

Decided on December 13, 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 13, 2016

Carver Federal Savings Bank,

Plaintiff-Respondent,

v

David Carroll, Mia Michaux Carroll, et al.,

Defendants-Appellants.

Appeals having been taken from an order of the Supreme Court, New York County, entered on or about September 8, 2015 and from an amended order entered on or about November 27, 2015, And an order of this Court having been entered October 25, 2016 (M-4355) dismissing the appeal from the order of said Court entered on or about April 13, 2015 and vacating the stay granted by order of a Justice of this Court, dated March 29, 2016, And defendants-appellants having moved for an enlargement of time to perfect the appeal from the September 8, 2015 and November 27, 2015 orders, and for a stay of proceedings pending hearing and determination of said appeal (M-5141), And, successor in interest to plaintiff-respondent, having cross-moved for dismissal of the appeal and for vacatur of a previously granted stay (M-5400), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion for an enlargement of time and a stay is denied in light of this Court's October 25, 2016

order dismissing the predicate order (M-5141). The cross motion (M-5400) is denied, as academic. ENTERED: December 13, 2016 _______________________ CLERK

PRESENT - Hon: Angela M. Mazzarelli, Justice Presiding, Rolando T. Acosta David B. Saxe Karla Moskowitz Ellen Gesmer, Justices

M-5400

M-5141

Index No. 810037/11