PNMAC Mortgage Opportunity Fund Investors, LLC v Torres
Motion No: 2016-10871
Slip Opinion No: 2019 NY Slip Op 62987(U)
Decided on February 8, 2019
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

M260033

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2016-10871, 2018-14844, 2018-14845

PNMAC Mortgage Opportunity Fund

Investors, LLC, respondent, v Eliecer

Torres, et al., defendants, Arturo Torres,

appellant.

(Index No. 20760/13)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated June 21, 2016, and September 20, 2018, and a judgment of the same court also dated September 20, 2018, to stay the sale or transfer of title to the subject premises, and to stay enforcement of the order dated September 20, 2018, pending hearing and determination of the appeals, to consolidate the appeal from the order dated June 21, 2016, with the appeals from the order dated September 20, 2018, and the judgment, and for leave to serve and file a supplemental record containing the order dated September 20, 2018, and the judgment, and the notice of appeal from the order dated September 20, 2018, and the judgment.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the sale or transfer of title to the subject premises, located at 440 Kent Avenue, #14, Brooklyn, New York, and enforcement of the order dated September 20, 2018, are stayed pending hearing and determination of the appeals; and it is further,

ORDERED that on or before March 1, 2019, the appellant shall serve and file a supplemental record containing the order dated September 20, 2018, and the judgment, and the notice of appeal from the order dated September 20, 2018, and the judgment.

DILLON, J.P., LEVENTHAL, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court