Appellate Division: Second Judicial Department

M291678

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2023-07475 Wilmington Savings Fund Society, FSB, etc., respondent, v Sunny Blick, et al., defendants, Yun S. Pak, appellant. (Index No. 4913/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated June 29, 2023. Motion by the defendant Yun S. Pak to stay the sale of the subject property, pending hearing and determination of the appeal, and, in effect, to deem the notice of appeal to reflect that the defendant Yun S. Pak is the appealing party.

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 which is to stay the sale of the subject property is granted, and the sale of the property is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before November 20, 2023; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 20, 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 branch of the motion which is, in effect, to deem the notice of appeal to reflect that the defendant Yun S. Pak is the appealing party is granted, the notice of appeal is deemed to reflect that the defendant Yun S. Pak is the appealing party (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly.

BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court