| HSBC USA, National Association, as trustee under the Pooling and Servi |
| Motion No: 2017-03300 |
| Slip Opinion No: 2017 NY Slip Op 71221(U) |
| Decided on April 20, 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. |
Appellate Division: Second Judicial Department
M229782
E/sl
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2017-03300 HSBC USA, National Association, as trustee under the Pooling and Servicing Agreement dated as of December 1, 2005, etc., respondent, v John Frank, appellant, et al., defendants. (Index No. 158/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered March 3, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the sale of the subject premises, located at 4 West Park Drive, Old Bethpage, New York, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 22, 2017, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 22, 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.
CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court