Appellate Division: Second Judicial Department

M269547

kbp/

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-00771 US Bank, etc., respondent, v Jairzinho Merzius, appellant, et al., defendants. (Index No. 22267/07)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order on motion of this Court dated September 27, 2019, which denied his motion, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 27, 2017. Separate motion by the appellant to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motion for leave to appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a reply brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion for leave to appeal to the Court of Appeals is denied; and it is further,

ORDERED that the motion to extend the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is extended until February 25, 2020, and the reply brief shall be served and filed on or before that date.

AUSTIN, J.P., ROMAN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court