Marie Holdings Inc. v Biclyn Corp. et al.

Motion No: M-3696

Slip Opinion No: 2018 NYSlipOp 86893(U)

Decided on October 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.

October 25, 2018

Marie Holdings, Inc.,

Plaintiff-Respondent,

v

Biclyn Corp., et al.,

Defendants-Appellants.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about May 30, 2018, which conditioned the stay of a certain foreclosure sale on defendants posting an undertaking in the amount of $500,000, And defendants-appellants having moved to cancel a scheduled foreclosure sale, and to stay all proceedings pending the determination of their appeal from the aforesaid order, without the requirement that they post an understanding, 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 denied. The interim relief granted by the order of a Justice of this Court, dated July 26, 2018, is vacated. ENTERED: October 25, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Angela M. Mazzarelli Marcy L. Kahn Jeffrey K. Oing Anil C. Singh,Justices

M-3696

Index No. 810052/11