Appellate Division: Second Judicial Department

M229696

E/afa

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2016-07073, 2017-00802 HSBC Bank, USA, respondent, v Daniel M. Myers, et al., appellants, et al., defendants. (Index No. 4731/13)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated April 13, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, entered February 25, 2016, and October 4, 2016, respectively, to stay all proceedings in the above-entitled action, including entry of a judgment of foreclosure and sale, pending hearing and determination of the appeals.

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

ORDERED that the motion is granted, and all proceedings in the above-entitled action, including entry of a judgment of foreclosure and sale, are stayed pending hearing and determination of the appeals on condition that the appeal from the order entered October 4, 2016, is perfected on or before June 12, 2017; and it is further,

ORDERED that in the event the appeal from the order entered October 4, 2016, is not perfected on or before June 12, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

HALL, J.P., SGROI, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court