| Greene v Greene |
| Motion No: 2018-09234 |
| Slip Opinion No: 2018 NY Slip Op 85761(U) |
| Decided on October 11, 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
M256223
E/mmWILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2018-09234 Keith B. Greene, respondent, v Kevin Greene, et al., defendants, New York Community Bancorp, Inc., appellant. (Index No. 510212/14)
| DECISION & ORDER ON MOTION |
Motion by the defendant New York Community Bancorp, Inc., to stay all proceedings in the above-entitled action, including discovery, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 1, 2018. By order to show cause dated August 27, 2018, Keith B. Greene and New York Community Bancorp, Inc., were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the party identified as the appellant in the notice of appeal is not aggrieved by the order dated June 1, 2018, and the motion to stay all proceedings was held in abeyance in the interim. Separate motion by the defendant New York Community Bancorp, Inc., to deem the notice of appeal to reflect that it is the proper party appellant.
Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion to stay all proceedings and the papers filed in opposition thereto, and upon the papers filed in support of the motion to deem the notice of appeal to reflect that New York Community Bancorp, Inc., is the proper party appellant and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to deem the notice of appeal to reflect that New York Community Bancorp, Inc., is the proper party appellant is granted (see Matter of Tagliaferri, 1 NY3d 605; CPLR 2001); and it is further,
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the motion to stay all proceedings is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal.
MASTRO, J.P., RIVERA, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court