Appellate Division: Second Judicial Department

M274204

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

PAUL WOOTEN, JJ.

2020-07006 In the Matter of Rose R. (Anonymous). 554 Eastern Parkway 123, LLC, et al., appellants; Keesha K. R. (Anonymous), et al., respondents. (Index No. 100226/2019)

DECISION & ORDER ON MOTION

2020-07612

In the Matter of Rose R. (Anonymous).

554 Eastern Parkway 123, LLC, appellant;

Keesha K. R. (Anonymous), et al., respondents.

(Index No. 100226/2019)

Appeals from two orders of the Supreme Court, Kings County, dated February 24, 2020, and August 25, 2020, respectively. Motion by 554 Eastern Parkway 123, LLC, to stay the enforcement of the orders, and to stay the parties to the above-entitled matter and the parties to the action entitled NYCTL 2017-A Trust v Robinson, commenced in the Supreme Court, Kings County, under Index No. 507623/2018, from selling transferring, altering, encumbering, or taking any action with respect to the subject premises, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated February 24, 2020, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is granted, enforcement of the orders dated February 24, 2020, and August 25, 2020, is stayed, and the parties to the above-entitled matter and the parties to the action entitled NYCTL 2017-A Trust v Robinson, commenced in the Supreme Court, Kings County, under Index No. 507623/2018, are stayed from selling transferring, altering, encumbering, or taking any action with respect to the subject premises, located at 554 Eastern Parkway, Brooklyn, NY 11225, pending hearing and determination of the appeals from the order dated August 25, 2020, on condition that the appeals from that order are perfected on or before December 22, 2020; and it is further,

ORDERED that in the event the appeals from the order dated August 25, 2020, are not perfected on or before December 22, 2020, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

DILLON, J.P., HINDS-RADIX, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court