| Emigrant Bank v DiCicco |
| Motion No: 2019-04359 |
| Slip Opinion No: 2019 NY Slip Op 70044(U) |
| Decided on May 9, 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. |
Appellate Division: Second Judicial Department
M262599
E/mm
ALAN D. SCHEINKMAN, P.J.
LEONARD B. AUSTIN
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
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2019-04359 Emigrant Bank, etc., respondent, v Frank DiCicco, et al., appellants, et al., defendants. (Index No. 700265/15)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated February 21, 2019, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay the foreclosure sale of the subject premises is denied; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted and the appeal will be calendared expeditiously after all of the briefs have been filed.
SCHEINKMAN, P.J., AUSTIN, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court