U.S. Bank National Association v Callender
Motion No: 2023-04941
Slip Opinion No: 2023 NY Slip Op 73464(U)
Decided on September 15, 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

M291083

AFA/

VALERIE BRATHWAITE NELSON, J.P.

LARA J. GENOVESI

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2023-04941

U.S. Bank National Association, etc.,

respondent, v Carol Callender, et al.,

appellants, et al., defendants.

(Index No. 11289/2014)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated May 4, 2023. Motion by the appellants to stay the 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 the sale of the subject premises is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before October 16, 2023; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 16, 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.

BRATHWAITE NELSON, J.P., GENOVESI, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court