Appellate Division: Second Judicial Department

M295472

AFA/

HECTOR D. LASALLE, P.J.

JOSEPH J. MALTESE

LARA J. GENOVESI

LAURENCE L. LOVE, JJ.

2019-04790, 2019-12289, 2020-02757 HSBC Mortgage Corporation USA, respondent, v Saeid Tehrani, appellant, et al., defendants. (Appeal Nos. 1 and 2) U.S. Bank Trust National Association, etc., plaintiff, v Saeid Tehrani, appellant, Shahla Tehrani, etc., et al., defendants, HSBC Mortgage Corporation USA, respondent; Ariel Bronxville LLC, nonparty-respondent. (Appeal No. 3) (Index No. 15816/2010)

DECISION & ORDER ON MOTION

2023-12274

Ariel Bronxville LLC, respondent,

v Saeid Tehrani, appellant, et al., defendants.

(Index No. 15816/2010)

2023-12507

Ariel Bronxville LLC, respondent,

v Saeid Tehrani, appellant, et al., defendants.

(Index No. 15816/2010)

Appeals from three orders of the Supreme Court, Nassau County, dated January 24, 2019, August 16, 2019, and November 6, 2023, and from an order and judgment (one paper) of the same court dated January 22, 2020, respectively. Motion by the appellant, inter alia, in effect, to stay enforcement of the order and judgment, including the sale of the subject property, pending hearing and determination of the appeal from the order and judgment, and for leave to appeal to this Court from so much of an amended order of the same court dated December 19, 2023, as, in effect, denied that branch of the appellant's application which was for a temporary restraining order staying the sale of the subject property.

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, in effect, to stay enforcement of the order and judgment, including the sale of the subject property, is granted, and enforcement of the order and judgment, including the sale of the subject property, is stayed, pending hearing and determination of the appeal from the order and judgment; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to this Court from so much of an amended order of the same court dated December 19, 2023, as, in effect, denied that branch of the appellant's application which was for a temporary restraining order staying the sale of the subject property is denied; and it is further,

ORDERED that the motion is otherwise denied.

LASALLE, P.J., MALTESE, GENOVESI and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court