| Aurora Loan Services, LLC v Czin |
| Motion No: 2016-07422 |
| Slip Opinion No: 2022 NY Slip Op 63307(U) |
| Decided on March 21, 2022 |
| 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
M282039
AFA/
HECTOR D. LASALLE, P.J.
MARK C. DILLON
SHERI S. ROMAN
LARA J. GENOVESI, JJ.
|
2016-07422 Aurora Loan Services, LLC, appellant, v Judith Czin, respondent, et al., defendants. (Index No. 7061/09)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated May 17, 2016. Motion by the appellant to vacate any stay in effect that arose upon the death of respondent Eugene Czin, to restore the proceeding to active status, and, in effect, to amend the caption pursuant to CPLR 1015(b) to reflect that Eugene Czin is no longer a respondent; and to lift the bankruptcy stay pertaining to the appeal. Cross motion by respondent Judith Czin to continue the stay.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to vacate any stay in effect as a result of the death of respondent Eugene Czin is granted, and the caption is amended accordingly; and it is further,
ORDERED that the branch of the motion which is to lift the bankruptcy stay is denied as unnecessary in light of the order of United States Bankruptcy Court for the Southern District of New York dated May 28, 2020; and it is further,
ORDERED that the cross motion is denied.
LASALLE, P.J., DILLON, ROMAN and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court