Waterfall Victoria Masterfund, Ltd. v Estate of Creese
Motion No: 2020-01478
Slip Opinion No: 2020 NY Slip Op 64732(U)
Decided on March 13, 2020
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

M270371

E/sl

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2020-01478

Waterfall Victoria Masterfund, Ltd., respondent,

v Estate of Dennis F. Creese, etc., appellant,

et al., defendants.

(Index No. 512067/14)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 21, 2019.

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 the sale of the subject premises, located at 1314 Troy Avenue, Brooklyn, New York, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 13, 2020; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 13, 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.

SCHEINKMAN, P.J., BALKIN, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court