| U.S. Bank National Association v Nail |
| Motion No: 2019-11984 |
| Slip Opinion No: 2019 NY Slip Op 85427(U) |
| Decided on December 5, 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
M267948
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2019-11984 U.S. Bank National Association, etc., appellant, v Cynthia Nail, etc., et al., respondents, et al., defendants. (Index No. 70652/17)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated September 23, 2019, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that enforcement of so much of the order as directed the cancellation of the notice of pendency is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 6, 2020, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal from the order is not perfected on or before January 6, 2020, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.
BALKIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court