Appellate Division: Second Judicial Department

M243120

E/ct

MARK C. DILLON, J.P.

ROBERT J. MILLER

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2017-11515 Bank of New York Mellon, etc., respondent, v Michael L. Ettinger, etc., appellant, et al., defendants. (Index No. 1107/2015)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the foreclosure sale of the subject premises, to stay the respondent or anyone acting on its behalf from selling or otherwise disposing of the subject real property, and to stay enforcement of a judgment of the Supreme Court, Dutchess County, dated August 28, 2017, pending hearing and determination of an appeal from the judgment.

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 the foreclosure sale of the subject premises, located at 93 Mill Road, Rhinebeck, New York, is stayed, the respondent or anyone acting on its behalf is stayed from selling or otherwise disposing of the subject real property, and enforcement of the judgment dated August 28, 2017, is stayed, pending hearing and determination of the appeal from the judgment dated August 28, 2017, on condition that the appeal is perfected on or before January 16, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 16, 2018, 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.

DILLON, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court