Bethpage Federal Credit Union v Hughes
Motion No: 2023-11464
Slip Opinion No: 2024 NY Slip Op 61493(U)
Decided on January 31, 2024
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

M293931

SW/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2023-11464

Bethpage Federal Credit Union, respondent,

v John S. Hughes, et al., defendants;

Eric Hughes, etc., nonparty-appellant.

(Index No. 40699/2009)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated September 20, 2023. Motion by the appellant to stay enforcement of the order, including the sale of the subject property, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted and the enforcement of the judgment, including the sale of the subject property, is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before March 1, 2024; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 1, 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.

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

ENTER:

Darrell M. Joseph

Acting Clerk of the Court