Appellate Division: Second Judicial Department

M284124

SL/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

LILLIAN WAN, JJ.

2022-01714 Deutsche Bank National Trust Company, etc., respondent, v Luis De La Hoz, et al., defendants; Sumner Place, LLC, intervenor-appellant. (Index No. 10921/2009)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated February 18, 2022. Motion by the appellant to stay the closing of the foreclosure sale of the subject property in the above-entitled action and to enjoin the respondent and referee from transferring or taking any action to affect the title of the subject property, or in the alternative, to set the terms of a bond or undertaking, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted to the extent that the closing of the foreclosure sale is stayed and the respondent and referee are enjoined from transferring or taking any action to affect the title of the subject property, pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 29, 2022; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 29, 2022, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

BARROS, J.P., CHAMBERS, VOUTSINAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court