| Hudson City Savings Bank v Biordi |
| Motion No: 2017-04354 |
| Slip Opinion No: 2017 NY Slip Op 77888(U) |
| Decided on June 22, 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
M233309
E/sl
JOHN M. LEVENTHAL, J.P.
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2017-04354 Hudson City Savings Bank, respondent, v Frank Biordi, appellant, et al., defendants. (Index No. 11691/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, as well as enforcement of any judgment of foreclosure in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered February 8, 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, and all proceedings in the above-entitled action, as well as enforcement of any judgment of foreclosure in the above-entitled action, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 24, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 24, 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.
LEVENTHAL, J.P., LASALLE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court