| Waterfall Victoria Masterfund, Ltd. v Estate of Creese |
| Motion No: 2020-01478 |
| Slip Opinion No: 2021 NY Slip Op 68904(U) |
| Decided on July 14, 2021 |
| 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
M278175
E/mb
CHERYL E. CHAMBERS, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2020-01478 Waterfall Victoria Masterfund, Ltd., respondent, v Estate of Dennis F. Creese, etc., appellant, et al., defendants. (Index No. 512067/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated November 21, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and, in effect, to amend so much of a decision and order on motion of this Court dated March 13, 2020, as conditioned a stay of the sale of the subject premises, upon the perfection of the appeal on or before April 13, 2020. Separate motion by the respondent to dismiss the appeal for failure to timely perfect and to vacate the stay.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's motion is granted, on or before August 13, 2021, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, 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, the decision and order on motion of this Court dated March 13, 2020, is amended by deleting from the decretal paragraphs thereof the date "April 13, 2020," and substituting therefor the date "August 13, 2021," and the sale of the subject premises is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 13, 2021; and it is further,
ORDERED that no further extension of the time to perfect the appeal shall be granted; and it is further,
ORDERED that the respondent's motion is denied.
CHAMBERS, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court