Capital One Bank N.A. v John Faracco

Motion No: M-5792

Slip Opinion No: 2016 NYSlipOp 96065(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

Capital One Bank, N.A.,

Plaintiff-Respondent,

v

John Faracco,

Defendant-Appellant,

Thomas Marron, et al.,

Defendants.

Defendant-appellant John Faracco having moved for a stay of the trial in the above-entitled action pending hearing and determination of the appeal taken from the order of the Supreme Court, New York County, entered on or about July 1, 2016, 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 on condition that the appeal is perfected on or before January 3, 2017 for the March 2017 Term. ENTERED: December 15, 2016

_____________________ CLERK

PRESENT: Hon. David B. Saxe, Justice Presiding, Karla Moskowitz Judith J. Gische Marcy L. Kahn Ellen Gesmer, Justices

M-5792

Index No. 110188/09