Appellate Division: Second Judicial Department

M239956

E/afa

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2017-04144 Everbank, plaintiff-respondent, v Abraham Greisman, defendant-respondent, Sterna Greisman, appellant, et al., defendants. (Index No. 13438/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 7, 2017. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 23, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 23, 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 application is granted to the extent that the appellant's time to perfect the appeal is enlarged until November 23, 2017, the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date, and the application is otherwise denied.

RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court