Appellate Division: Second Judicial Department

M248325

E/afa

WILLIAM F. MASTRO, J.P.

SANDRA L. SGROI

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2016-09963 Emigrant Bank, etc., respondent, v Richard P. Wade, appellant, et al., defendants. (Index No. 14599/13)

DECISION & ORDER ON MOTION

2018-02708

Emigrant Bank, etc., respondent,

v Richard P. Wade, appellant, et al.,

defendants.

(Index No. 14599/13)

Motion by the appellant on appeals from an order of the Supreme Court, Kings County, dated June 20, 2016, and a judgment of the same court dated December 5, 2017, to stay enforcement of the judgment and the sale of the subject premises, pending hearing and determination of the appeals.

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 enforcement of the judgment and the sale of the subject premises, located at 639 Madison Street, Brooklyn, New York, are stayed pending hearing and determination of the appeals on condition that the appeal from the judgment is perfected on or before May 4, 2018; and it is further,

ORDERED that in the event the appeal from the judgment is not perfected on or before May 4, 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.

MASTRO, J.P., SGROI, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court