Bank of New York Mellon v Carbone
Motion No: 2018-14701
Slip Opinion No: 2019 NY Slip Op 66124(U)
Decided on March 22, 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

M261316

E/mm

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2018-14701, 2018-14702

Bank of New York Mellon, etc., respondent,

v Louis Carbone, etc., et al., appellants,

et al., defendants.

(Index No. 5837/15)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, to stay the sale of the subject premises, and to stay enforcement of an order and judgment (one paper) of the Supreme Court, Nassau County, entered September 24, 2018, pending hearing and determination of appeals from the order and judgment and an order of the same court entered September 19, 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, and all proceedings in the above-entitled action, the sale of the subject premises, located at 4 High Meadow Court, Glen Head, New York, and enforcement of the order and judgment are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before April 22, 2019; and it is further,

ORDERED that in the event the appeals are not perfected on or before April 22, 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.

DILLON, J.P., BALKIN, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court