Bank of New York v Levy
Motion No: 2023-08608
Slip Opinion No: 2024 NY Slip Op 61875(U)
Decided on February 7, 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

M294061

ID/

MARK C. DILLON, J.P.

BETSY BARROS

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2023-08608

Bank of New York, etc., respondent, v Paul R.

Levy, et al., appellants, et al., defendants.

(Index No. 15061/2008)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated June 14, 2023. Motion by the appellants to stay enforcement of the order and judgment, including the sale of the subject property, pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.

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, including the sale of the subject property, is granted and the 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 branch of the motion which is for a preference in the calendaring of the appeal is denied.

DILLON, J.P., BARROS, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court