HSBC Bank USA, National Association v Rampersad
Motion No: 2023-08419
Slip Opinion No: 2024 NY Slip Op 63042(U)
Decided on February 26, 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

M294456

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2023-08419

HSBC Bank USA, National Association,

etc., respondent, v Suneel Rampersad,

appellant, et al., defendants.

(Index No. 709993/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, dated August 11, 2023. Motion by the appellant to stay enforcement of the judgment, including the sale of the subject property, pending hearing and determination of the appeal. Motion by the respondent to dismiss the appeal pursuant to Bray v Cox (38 NY2d 350).

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

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

ORDERED that the motion by the respondent is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

BARROS, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court