Appellate Division: Second Judicial Department

M259650

E/sl

LEONARD B. AUSTIN, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2018-08626 Aurora Loan Services, LLC, respondent, v Michal Yogev, appellant, et al., defendant. (Index No. 32051/10)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, entered May 23, 2018, to extend the time to serve and file a brief. Cross motion by the appellant to stay all proceedings in the above-entitled action and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the respondent's time to serve and file a brief is extended until February 6, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is to stay all proceedings in the above-entitled action and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal is granted and all proceedings in the above-entitled action and the foreclosure sale of the subject premises are stayed, pending hearing and determination of the appeal; and it is further,

ORDERED that the motion and the cross motion are otherwise denied.

AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court