NYCTL 2008 v Trinco, Inc.
Motion No: 2023-01801
Slip Opinion No: 2024 NY Slip Op 63507(U)
Decided on March 6, 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

M294697

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

LINDA CHRISTOPHER

CARL J. LANDICINO, JJ.

2023-01801

NYCTL 2008, etc., respondent,

v Trinco, Inc., et al., defendants;

Madison St. Realty Corp., nonparty-appellant.

(Index No. 14203/2009)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 19, 2022. Motion by the appellant to stay enforcement of the order and the tax lien foreclosure sale of the subject property, pending hearing and determination of the appeal. Motion by the respondent 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 to stay enforcement of the order and the tax lien foreclosure sale of the subject property is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the record to include certain material is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before April 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.

BRATHWAITE NELSON, J.P., MALTESE, CHRISTOPHER and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court