| Wilmington Trust, National Association v Modica |
| Motion No: 2019-08995 |
| Slip Opinion No: 2019 NY Slip Op 84987(U) |
| Decided on December 2, 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
M267800
E/sl
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2019-08995 Wilmington Trust, National Association, etc., respondent, v Antoinette Modica, et al., appellants, et al., defendants. (Index No. 8858/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Queens County, entered March 15, 2019, and to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from the 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 judgment and the foreclosure sale of the subject premises, located at 161-05 92nd Street, Howard Beach, New York, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 2, 2020; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 2, 2020, 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; and it is further,
ORDERED that on the Court's own motion, the appellants' time to perfect the appeal is extended until January 2, 2020, and the record or appendix on the appeal and the appellants' brief shall be served and filed on or before that date.
CHAMBERS, J.P., AUSTIN, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court