| WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 V |
| Motion No: CA 19-01004 |
| Slip Opinion No: 2020 NY Slip Op 68024(U) |
| Decided on June 29, 2020 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 19-01004
| WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN
ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2, PLAINTIFF-RESPONDENT, V LEON E. PETRIE
ALSO KNOWN AS LEON EARL PETRIE, ET AL., DEFENDANTS, RAPHAEL L. FELICIA ALSO KNOWN AS RAPHAEL LEE FELICIA ALSO KNOWN AS
RAPHAEL LEE ATCHIE, DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Jefferson County, entered October 10, 2018,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to vacate the dismissal on the condition that the appeal is perfected on or before August 28, 2020, and
It is further ORDERED that the motion is denied insofar as it seeks a stay.
Memorandum: "Because appellant can obtain an automatic stay . . ., a discretionary stay is not available pursuant to CPLR 5519 (c)" (Sullivan v Troser Mgt., Inc., 30 AD3d 1118 [4th Dept 2006]; see CPLR 5519 [a] [6]).
Entered: June 29, 2020
Mark W. Bennett
Clerk of the Court