MTGLQ Investors, L.P. v Cutaj
Motion No: 2019-10389
Slip Opinion No: 2019 NY Slip Op 84562(U)
Decided on November 21, 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

M267631

E/mb

MARK C. DILLON, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

PAUL WOOTEN, JJ.

2019-10389

MTGLQ Investors, L.P., respondent,

v Augustin Cutaj, et al., appellants,

et al., defendant.

(Index No. 63677/15)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order and judgment (one paper) of the Supreme Court, Westchester County, dated April 18, 2019, and to stay the sale of the subject premises, 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 enforcement of the order and judgment, and the sale of the subject premises, located at 261 Waverly Avenue, Mamaroneck, New York, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 23, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 23, 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., ROMAN, LASALLE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court