| HSBC v Hasan |
| Motion No: 2022-09584 |
| Slip Opinion No: 2023 NY Slip Op 66077(U) |
| Decided on April 28, 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
M288738
KS/
MARK C. DILLON, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
LILLIAN WAN, JJ.
|
2022-09584 HSBC Bank USA, N.A., plaintiff-appellant, v Abdul Hasan, et al., defendants, Palm Avenue Hialeah Trust, etc., respondent; 737 Hancock St Corp., etc., nonparty-appellant. (Index No. 32862/2009)
| DECISION & ORDER ON MOTION |
2022-09585
HSBC Bank USA, N.A., plaintiff-appellant,
v Abdul Hasan, et al., defendants,
Palm Avenue Hialeah Trust, etc., respondent;
737 Hancock St Corp., etc., nonparty-appellant.
(Index No. 32862/2009)
Appeals from two orders of the Supreme Court, Kings County, both dated October 12, 2022. Motion by the plaintiff-appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals. Separate motion by the plaintiff-appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of its motion, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the plaintiff-appellant's motion, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals, is granted to the extent that the foreclosure sale of the subject premises is stayed, pending hearing and determination of the appeals, on condition that the appeals are perfected on or before May 29, 2023, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeals are not perfected on or before May 29, 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 plaintiff-appellant's motion to stay the foreclosure sale of the subject premises, pending hearing and determination of its motion, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals, is denied as academic.
DILLON, J.P., MILLER, DOWLING and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court