Federal National Mortgage Association v Butcher
Motion No: 2019-09154
Slip Opinion No: 2020 NY Slip Op 66104(U)
Decided on May 11, 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

M270796

kbp/

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2019-09154

Federal National Mortgage Association,

respondent, v George H. Butcher III,

et al., appellants, et al., defendants.

(Index No. 55586/18)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, dated July 22, 2019, to vacate a stay of enforcement of the order and judgment, which was granted by a decision and order on motion of this Court dated November 19, 2019, on condition that the appeals were perfected by a date certain. Motion for leave to prosecute the appeals on the original papers..

Upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, and upon the papers filed in support of motion by the appellant George H. Butcher III and the papers filed in opposition thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that on the Court's own motion, the appellants' time to perfect the appeals is extended and on or before July 10, 2020, the appellants shall serve the joint record or appendix on the appeals and their respective briefs and upload digital copies of the joint record or appendix on the appeals and their respective briefs, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the joint record or appendix on the appeals and their respective briefs in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that on the Court's own motion, the decision and order on motion of this Court dated November 19, 2019, is amended to provide that the stay of enforcement of the order and judgment is granted on condition that the appeals are perfected in the manner set forth in the prior paragraph.

RIVERA, J.P., HINDS-RADIX, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court