| Reverse Mortgage Solutions, Inc. v Fisher |
| Motion No: 2018-04728 |
| Slip Opinion No: 2018 NY Slip Op 73162(U) |
| Decided on May 22, 2018 |
| 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. |
Appellate Division: Second Judicial Department
M250443
E/afa
ALAN D. SCHEINKMAN, P.J.
RUTH C. BALKIN
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2018-04728 Reverse Mortgage Solutions, Inc., plaintiff- appellant, v Clarence M. Fisher, Jr., et al., defendants, Unknown Heirs of Catherine C. Jones, respondent; RAS Boriskin, P.C., et al., nonparty-appellants. (Index No. 705125/13)
| DECISION & ORDER ON MOTION |
Motion, in effect, by Reverse Mortgage Solutions, Inc., RAS Boriskin, P.C., and Sara Z. Boriskin, inter alia, for leave to appeal to this Court from stated portions of an order of the Supreme Court, Queens County, dated April 2, 2018, and to stay enforcement of the order pending hearing and determination of the appeal from the order.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted to the extent that Reverse Mortgage Solutions, Inc., is granted leave to appeal from so much of the order dated April 2, 2018, as sua sponte vacated the order of the Supreme Court, Queens County, dated March 6, 2017, dismissed the action, and directed the County Clerk of Queens County, inter alia, to cancel a certain notice of pendency, and RAS Boriskin, P.C., and Sara Z. Boriskin are granted leave to appeal from the last two decretal paragraphs of the order dated April 2, 2018; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated April 2, 2018, is granted, and enforcement of that order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 21, 2018; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 21, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SCHEINKMAN, P.J., BALKIN, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court