U.S. Bank National Association v Friedman
Motion No: 2023-05739
Slip Opinion No: 2023 NY Slip Op 76332(U)
Decided on November 6, 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

M292133

AFA/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2023-05739

U.S. Bank National Association, respondent,

v Audrey Friedman, et al., defendants;

Cardinal Property Holdings, Ltd., nonparty-appellant

(Index No. 19741/2010)

DECISION & ORDER ON MOTION



.

Appeal from an order of the Supreme Court, Suffolk County, dated April 3, 2023. Motion by the appellant, in effect, to stay enforcement of an order and judgment (one paper) of the same court, also dated April 3, 2023, pending hearing and determination of the appeal, and to deem the notice of appeal to be from the order and judgment.

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 enforcement of the order and judgment is denied; and it is further,

ORDERED that the branch of the motion which is to deem the notice of appeal from the order to be from the order and judgment is granted and the notice of appeal from the order is deemed to be a notice of appeal from the order and judgment (see CPLR 5512[a]).

DUFFY, J.P., FORD, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court