East Fordham De LLC v U.S. Bank National Association as Trustee as Successor in Interest to

Motion No: M-5991

Slip Opinion No: 2017 NYSlipOp 63015(U)

Decided on January 24, 2017

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.

January 24, 2017

East Fordham De LLC,

Plaintiff-Respondent,

v

U.S. Bank National Association, as

Trustee, as Successor in Interest to

Bank of America, N.A., etc., et al.,

Defendants-Appellants.

Defendants-appellants having moved for a stay of enforcement of the order of the Supreme Court, Bronx County, entered on or about November 3, 2016, pending hearing and determination of the appeal taken from the order of the Supreme Court, Bronx County, entered on or about July 13, 2015 (M-5867), And plaintiff-respondent having cross-moved for sanctions against counsel for defendants-appellants (M-5991), 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 to stay enforcement of the Supreme Court's November 3, 2016 is denied, as moot. The cross motion is denied. ENTERED: January 24, 2017

_____________________ CLERK

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

M-5991

M-5867

Index No. 260551/14