Deutsche Bank National Trust Company v Palomaria
Motion No: 2022-08140
Slip Opinion No: 2023 NY Slip Op 77747(U)
Decided on December 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

M292779

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

JANICE A. TAYLOR, JJ.

2022-08140

Deutsche Bank National Trust Company,

etc., respondent, v Oscar H. Palomaria, et al.,

appellants, et al., defendants.

(Index No. 707882/2016)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated January 13, 2020. Motion by the appellants, in effect, to stay enforcement of the order and judgment, including the sale of the subject property, pending hearing and determination of the appeal. Motion by the respondent, inter alia, to enlarge the record to include certain material and to extend the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellants is granted, and enforcement of the order and judgment, including the sale of the subject property, is stayed, pending hearing and determination of the appeal; and it is further,

ORDERED that the respondent's motion is granted to the extent that the respondent's time to serve and file a brief is extended, and on or before January 5, 2024, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website, and that motion is otherwise denied.

BRATHWAITE NELSON, J.P., MALTESE, VOUTSINAS and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court