Appellate Division: Second Judicial Department

M291511

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

HELEN VOUTSINAS

LILLIAN WAN, JJ.

2023-01321, 2023-05935 Deutsche Bank National Trust Company, etc., respondent, v Deborah Futerman, et al., appellants, et al., defendants. (Index No. 104508/2008)

DECISION & ORDER ON MOTION

Appeals from an amended order of the Supreme Court, Richmond County, dated January 17, 2023, and an order of the same court dated June 2, 2023. Motion by the appellants, inter alia, to stay enforcement of a judgment of foreclosure and sale of the same court dated July 28, 2009, pending hearing and determination of the appeals, pursuant to CPLR 5519 to fix an undertaking, for a preference in the calendaring of the appeals, and, in effect, to amend the caption on the appellants' record and brief by deleting the words "and Nir Zeer",

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, in effect, to amend the caption on the appellants' record and brief by deleting the words "and Nir Zeer", is granted, and on or before November 1, 2023, the appellants shall serve and file an amended record and brief with the corrected caption and which is in all other respects the same as the record and brief previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the amended record and brief and upload a digital copy of the amended record and brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is otherwise denied.

IANNACCI, J.P., WOOTEN, VOUTSINAS and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court