| Freedom Mortgage Corporation v Purzak |
| Motion No: 2019-03853 |
| Slip Opinion No: 2020 NY Slip Op 66377(U) |
| Decided on May 20, 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. |
Appellate Division: Second Judicial Department
M270925
kbp/
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2019-03853, 2019-03855, 2019-03856 Freedom Mortgage Corporation, respondent, v Lisa Purzak, appellant. (Index No. 3856/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, entered January 29, 2019, and two orders of the same court both entered April 10, 2018, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect the appeals, and to continue the stay granted by decision and order on motion of this Court dated May 10, 2019. Motion by the respondent, inter alia, to vacate the stay granted by decision and order on motion of this Court dated May 10, 2019.
Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is granted, the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a) is vacated, enforcement of the order and judgment and the foreclosure sale of the subject premises, located at 20 Gerhard Road, Plainview, New York, are stayed pending hearing and determination of the appeals, and on or before July 20, 2020, the appellant shall serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the record or appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the respondent's motion is denied.
BALKIN, J.P., LEVENTHAL, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court