Appellate Division: Second Judicial Department

M260320

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2017-08802 Federal National Mortgage Association, etc., appellant, v Francis M. Sajdak, etc., respondent, et al., defendants. (Index No. 135482/16)

DECISION & ORDER ON MOTION

2018-13117

Federal National Mortgage Association, etc.,

appellant, v Francis M. Sajdak, etc., respondent,

et al., defendants.

(Index No. 135482/16)

Motion by the appellant, inter alia, to stay the discharge of the subject mortgage and, in effect, to stay the cancellation of the lis pendens in the above-entitled action, pending hearing and determination of appeals from two orders of the Supreme Court, Richmond County, dated August 21, 2017, and October 1, 2018, respectively, and to consolidate the appeals.

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

ORDERED that the branches of the motion which are to stay the discharge of the subject mortgage and, in effect, to stay the cancellation of the lis pendens in the above-entitled action are granted, and the discharge of the subject mortgage and the cancellation of the lis pendens in the above-entitled action are stayed pending hearing and determination of the appeals on condition that the appeal from the order dated October 1, 2018, is perfected on or before April 1, 2019; and it is further,

ORDERED that in the event the appeal from the order dated October 1, 2018, is not perfected on or before April 1, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

MASTRO, J.P., MALTESE, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court