U.S. Bank Nation Association etc. v Mark Abu

Motion No: M-771

Slip Opinion No: 2020 NYSlipOp 64933(U)

Decided on March 19, 2020

Appellate Division, First 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.

March 19, 2020

U.S. Bank Nation Association, etc.,

Plaintiff-Respondent,

v

Mark Abu,

Defendant-Appellant,

New York City Environmental Control

Board, et al.

Defendants.

An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about April 16, 2019, and defendant-appellant having moved for leave to appeal from said order and to stay its enforcement pending the hearing and determination of the appeal taken therefrom, And by order entered January 24, 2020, a Justice of this Court issued an interim stay of the foreclosure sale pending the determination of the within motion, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of staying the enforcement of Supreme Court's April 16, 2019 order, pending hearing and determination of the appeal taken therefrom,

and on the condition that the appeal is perfected for the September 2020 Term of this Court. That branch of the motion seeking leave to appeal said order to this Court is denied as unnecessary, the order being appealable as of right. ENTERED: March 19, 2020

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Jeffrey K. Oing Lizbeth GonzÁlez, Justices

M-771

Index No. 32349/17E