PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 19-00002

LAKEVIEW LOAN SERVICING, LLC, PLAINTIFF-RESPONDENT, V MARK EDWARD FINN, LINDA FINN, DEFENDANTS-APPELLANTS, ET AL. DEFENDANT.

Appellant Linda Finn having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on April 2, 2018, and for a stay pursuant to CPLR 5519 (c),

Now, upon reading and filing the affirmation of Amaris Elliott-Engel, Esq., dated December 28, 2018, the affidavits of Linda M. Finn sworn to December 27, 2018, the notice of motion with proof of service thereof, and the affirmation of Gregory J. Sanda, Esq., dated January 9, 2019, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks poor person relief, and

It is further ORDERED that the Clerk of the County of Wayne is hereby directed to provide appellant Linda Finn with copies of all transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal, and

It is further ORDERED that the motion is granted to the extent that the foreclosure sale of the subject property located at 6378 Red Creek Road also known as 6378 Red Creek Westbury Road, Red Creek, New York 13143, is stayed until March 1, 2019, or until 10 days after Supreme Court affixes the amount of an undertaking required for an automatic stay pursuant to CPLR 5519 (a) (6), whichever occurs first (see Norcross v Cook, 199 AD2d 1079 [4th Dept 1993]); Wilkinson v Sukiennik, 120 AD2d 989 [4th Dept 1986]), and

It is further ORDERED that the time to perfect the appeal is hereby extended to March 25, 2019.

Entered: January 14, 2019

Mark W. Bennett, Clerk