| Lall v Citibank, N.A. |
| Motion No: 2017-05660 |
| Slip Opinion No: 2017 NY Slip Op 79063(U) |
| Decided on July 5, 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
M233934
E/sl
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
SHERI S. ROMAN
HECTOR D. LASALLE, JJ.
|
2017-05660 Rakesh Lall, respondent, v Citibank, N.A., appellant. (Index No. 519176/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPLR 5520(c) to deem a notice of an appeal from an order of the Supreme Court, Kings County, dated May 8, 2017, to be a premature notice of appeal from a judgment of the same court dated May 30, 2017, and, in effect, to stay enforcement of the judgment, pending hearing and determination of the appeal.
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 it is further,
ORDERED that enforcement of the judgment dated May 30, 2017, is stayed pending hearing and determination of the appeal from the judgment on condition that the appeal is perfected on or before August 4, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 4, 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.
MASTRO, J.P., BALKIN, ROMAN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court