Deutsche Bank National Trust Company v Gambino
Motion No: 2017-08290
Slip Opinion No: 2018 NY Slip Op 88282(U)
Decided on November 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M257251

E/mm

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2017-08290

Deutsche Bank National Trust Company, appellant,

v Joanne Gambino, respondent, et al., defendants.

(Index No. 130026/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in an action entitled Gambino v Deutsch Bank National Trust Company, etc., pending in the Supreme Court, Richmond County, under Index No. 152099/17, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated April 14, 2017, in the above entitled action or, in the alternative, for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for a stay is granted and all proceedings in the action entitled Gambino v Deutsch Bank National Trust Company, etc., pending in the Supreme Court, Richmond County, under Index No. 152099/17, are stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court