Application of New York Community Bank v Bank of America N.A.

Motion No: M-1116

Slip Opinion No: 2018 NYSlipOp 69250(U)

Decided on April 10, 2018

Appellate Division, First 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.

April 10, 2018

Application of New York Community Bank,

Petitioner-Respondent,

For a Turnover Order Pursuant to

CPLR 5225(b),

v

Bank of America, N.A.,

Respondent-Garnishee,

Ari Chitrik, etc., et al.,

Notice Respondents-Appellants.

An appeal having been taken to this Court from the order

and judgment of the Supreme Court, New York County, entered on

or about March 1, 2018, And respondents-appellants having moved for a stay of enforcement of the order and judgment, pending hearing and determination of the appeal taken therefrom,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of staying only the turnover of the contents, without staying Bank of America from opening the safe deposit box, inventorying the contents, and disclosing to the Sheriff, for further disclosure

to petitioner, what the contents consist of, on condition that respondents-appellants perfect the appeal for the September 2018 Term, without prejudice to petitioner seeking vacatur of the limited stay should respondents fail to timely perfect. The stay

granted by the order of a Justice of this Court, dated March 2, 2018, is vacated with respect to staying the Sheriff or Bank of America from opening the subject safe deposit box, and continued with respect to the restraining notice. ENTERED: April 10, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom Jeffrey K. Oing Peter H. Moulton, Justices

M-1116

Index No. 158084/17