U.S. Bank, Custodian for Tower DPW v Kruse
Motion No: 2017-08137
Slip Opinion No: 2017 NY Slip Op 87841(U)
Decided on October 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M238741

E/sl

RANDALL T. ENG, P.J.

SHERI S. ROMAN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2017-08137

U.S. Bank, Custodian for Tower DPW, respondent,

v Pamela G. Kruse, also known as Pamela Kruse,

appellant, et al., defendants.

(Index No. 4185/14)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action and all proceedings in a matter entitled 94-31 Richmond Properties Corp. v Kruse, pending in the District Court, Nassau County, under Index No. LT93-17, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered August 4, 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 and all proceedings in a matter entitled 94-31 Richmond Properties Corp. v Kruse, pending in the Dictrict Court, Nassau County, under Index No. LT93-17, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 2, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 2, 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.

ENG, P.J., ROMAN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court