Utica Church Street, LLC v Lee
Motion No: 2017-00028
Slip Opinion No: 2017 NY Slip Op 69240(U)
Decided on March 31, 2017
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

M228696

E/afa

MARK C. DILLON, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2017-00028

Utica Church Street, LLC, respondent,

v Bernadette Lee, appellant, et al., defendants.

(Index No. 936/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay, inter alia, the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 21, 2016.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order dated October 21, 2016, is deemed to be a notice of appeal from a judgment of the same court dated November 18, 2016 (see CPLR 5512[a]); and it is further,

ORDERED that the motion is denied.

DILLON, J.P., COHEN, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court