| Deutsche Bank National Trust Company v Potenza |
| Motion No: 2022-09867 |
| Slip Opinion No: 2023 NY Slip Op 61363(U) |
| Decided on February 1, 2023 |
| 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
M287221
AFA/
MARK C. DILLON, J.P.
PAUL WOOTEN
WILLIAM G. FORD
LILLIAN WAN, JJ.
|
2022-09867 Deutsche Bank National Trust Company, etc., respondent, v Nicole Potenza, et al., defendants, North Side Funding Corp., appellant (and a third party action). (Index No. 500406/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Putnam County, dated November 28, 2022. Motion by the appellant to stay enforcement of the order and judgment, and to stay the foreclosure sale 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 motion is granted, and enforcement of the order and judgment and the foreclosure sale of the subject premises are stayed, pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 3, 2023; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 3, 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.
DILLON, J.P., WOOTEN, FORD and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court