Appellate Division: Second Judicial Department

M286634

AFA/

BETSY BARROS, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LILLIAN WAN, JJ.

2022-07703 Bank of New York Mellon, etc., respondent, v Laurie Giametta, et al., appellants, et al., defendant. (Index No. 611840/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated August 2, 2022. Motion by the appellant for leave to appeal to this Court from so much of the order as, sua sponte, extended the notice of pendency filed on June 23, 2017, nunc pro tunc through October 16, 2020, and to stay all proceedings in the above-entitled action, including the sale or auction of the subject premises, 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 branch of the motion which is for leave to appeal from so much of the order as, sua sponte, extended the notice of pendency filed on June 23, 2017, nunc pro tunc through October 16, 2020, is granted; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including the sale or auction of the subject premises, pending hearing and determination of the appeal, is granted to the extent that the sale or auction of the subject premises is stayed, pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 30, 2023; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 30, 2023, 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., WOOTEN, ZAYAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court