Appellate Division: Second Judicial Department

M260823

E/sl

JOHN M. LEVENTHAL, J.P.

COLLEEN D. DUFFY

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2019-00469 NYCTL 2013-A Trust, plaintiff-respondent, v Chinese American Trading Co., Inc., et al., defendants-respondents; Metropolitan NBD, LLC, nonparty-appellant. (Index No. 506206/14)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay the defendants-respondents, or anyone acting on their behalf, from taking any action which might affect title to the subject premises, and to stay the State Department of Taxation and the New York City Department of Finance from discharging the tax lien on the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 11, 2018.

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

ORDERED that the motion is granted to the extent that the defendants-respondents, or anyone acting on their behalf, are stayed from taking any action which might affect title to the subject premises, located at 884 Metropolitan Avenue, Brooklyn, New York, pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 8, 2019, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 8, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the defendants-respondents may move to vacate the stay, on three days notice.

LEVENTHAL, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court