Real Estate Growth Fund v Charles
Motion No: 2022-05657
Slip Opinion No: 2023 NY Slip Op 66246(U)
Decided on May 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M288753

SW/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

PAUL WOOTEN

LARA J. GENOVESI, JJ.

2022-05657

Real Estate Growth Fund, LLC, respondent,

v Dianne Charles, et al., defendants,

Myrtle Crick, appellant.

(Index No. 508259/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 19, 2022. Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal. Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, and on or before June 30, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., IANNACCI, WOOTEN and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court