Appellate Division: Second Judicial Department

M285857

MG/jr

COLLEEN D. DUFFY, J.P.

FRANCESCA E. CONNOLLY

JOSEPH A. ZAYAS

LILLIAN WAN, JJ.

2022-01772 Wilmington Savings Fund Society, FSB, etc., respondent, v Theodore Fuller Thomas, et al., appellants, et al., defendants. (Index No. 613226/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated February 3, 2022. Motion by the appellants, in effect, to stay enforcement of the order, 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 on the Court's own motion, the appellants' time to perfect the appeal is extended, and on or before December 14, 2022, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is granted to the extent that enforcement of so much of the order as permits the respondent to transfer title to the subject premises is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 14, 2022, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 14, 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.

DUFFY, J.P., CONNOLLY, ZAYAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court