Appellate Division: Second Judicial Department

M293056

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

CARL J. LANDICINO, JJ.

2023-01550 HSBC Bank USA, National Association, etc., respondent, v Jason Dufek, et al., defendants; 9 Booker Lane, Inc., nonparty-appellant. (Index No. 601868/2018)

DECISION & ORDER ON MOTION

2023-04306

HSBC Bank USA, National Association,

etc., respondent, v Jason Dufek, et al.,

defendants; 9 Booker Lane, Inc.,

nonparty-appellant.

(Index No. 601868/2018)

Appeals from an order of the Supreme Court, Suffolk County, and an order and judgment (one paper) of the same court, both dated December 22, 2022. Motion by the appellant, inter alia, to stay enforcement of the order and judgment, pending hearing and determination of the appeals. Application by the appellant to extend the time to perfect the appeal from the order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the order and judgment is granted, and enforcement of the order and judgment, including the sale of the subject property, is stayed, pending hearing and determination of the appeals, on condition that the appeals are perfected on or before February 16, 2024, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before February 16, 2024, 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 on the Court's own motion, the time to perfect the appeal from the order and judgment is extended, and on or before February 16, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the application to extend the time to perfect the appeal from the order is granted, and on or before February 16, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

IANNACCI, J.P., CHAMBERS, CHRISTOPHER and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court