Wilmington Savings Fund Society FSB v Sharay Hayes

Motion No: M-3595

Slip Opinion No: 2018 NYSlipOp 84324(U)

Decided on September 25, 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.

September 25, 2018

Wilmington Savings Fund Society, FSB,

as Trustee for Normandy Mortgage

Loan Trust, Series 2013-18,

Plaintiff-Respondent,

v

Sharay Hayes,

Defendant-Appellant,

New York City Environmental Control

Board, et al.,

Defendants.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about November 2, 2017, and said appeal having been perfected, And an interim stay of the foreclosure sale having been granted by an order of a Justice of this Court on July 20, 2018, And defendant-appellant having moved for a stay of the foreclosure sale or, in the alternative, for an order confirming that an automatic stay is in effect pursuant to CPLR 5519(a)(6), 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 granting a discretionary stay of the foreclosure sale pending hearing and determination of the appeal. The Clerk is directed to maintain the appeal on the calendar for the October 2018 Term. ENTERED: September 25, 2018

_____________________ CLERK

Present - Hon. Sallie Manzanet-Daniels,Justice Presiding, Peter Tom Troy K. Webber Jeffrey K. Oing,Justices

M-3595

Index No. 109882/09