Appellate Division: Second Judicial Department

M235165

E/afa

REINALDO E. RIVERA, J.P.

MARK C. DILLON

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2017-04417 The Bank of New York Mellon, formerly known as the Bank of New York, as indenture trustee for the holders of GSC Capital Corp., Mortgage-Backed Notes, Series 2006-1, respondent, v Reginald Daniels, et al., appellants, et al., defendants. (Index No. 501447/14)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Kings County, dated February 22, 2017, including the foreclosure sale of the subject premises, pending hearing and determination of an appeal from the judgment. Separate motion by the appellants for leave to file reply papers in connection with its motion for a stay.

Upon the papers filed in support of the motion for a stay and the papers filed in opposition thereto, and upon the papers filed in support of the motion for leave to file reply papers and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion for a stay is granted, and enforcement of the judgment dated February 22, 2017, including the foreclosure sale of the subject premises, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 28, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 28, 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; and it is further

ORDERED that the motion for leave to file reply papers is denied.

RIVERA, J.P., DILLON, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court