Appellate Division: Second Judicial Department

M261762

E/mm

MARK C. DILLON, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2019-02052 US Bank National Association, etc., respondent, v David Royes, appellant, et al., defendants. (Index No. 505350/14)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, to stay the respondent, the referee, or anyone acting on their behalf from selling any interest in the subject premises, and to stay enforcement of an order and judgment (one paper) of the Supreme Court, Kings County, dated December 3, 2018, pending hearing and determination of an appeal from the order and 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 all proceedings in the above-entitled action are stayed, the respondent, the referee, or anyone acting on their behalf are stayed from selling any interest in the subject premises, located at 562 East 84th Street, Brooklyn, New York, and enforcement of the order and judgment is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before May 10, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 10, 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., MILLER, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court