Appellate Division: Second Judicial Department

M266112

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2019-05078 Wilimington Trust, NA, plaintiff-respondent, v Antonio Daddi, appellant, Capital One F.S.B., et al., defendants-respondents. (Index No. 1694/16)

DECISION & ORDER ON MOTION

2019-07700

Wilimington Trust, National Association, etc.,

plaintiff-respondent, v Antonio Daddi, appellant,

Capital One F.S.B., et al., defendants-respondents.

(Index No. 1694/16)

Motion by the appellant to stay his eviction from the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, entered August 27, 2018, and May 15, 2019, 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 branch of the motion which is to stay the appellant's eviction from the subject premises is granted and the appellant's eviction from the subject premises located at 843 Jerusalem Avenue, Merrick, New York, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before October 25, 2019; and it is further,

ORDERED that in the event the appeals are not perfected on or before October 25, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the plaintiff-respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).

MASTRO, J.P., LEVENTHAL, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court