Appellate Division: Second Judicial Department

M295534

AFA/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2023-11698 FV-I Inc., etc., respondent, v Dwayne A. Samuels, etc., appellant, et al., defendants. (Index No. 2371/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated October 11, 2023. By decision and order on motion of this Court dated February 2, 2024, the motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeal, was granted and the sale of the subject property was stayed, pending hearing and determination of the appeal, on condition that the appeal was perfected on or before March 4, 2024. Motion by the appellant, in effect, to extend the time to comply with the decision and order on motion of this Court dated February 2, 2024, and to continue the stay granted in that decision and order on motion.

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 sale of the subject property is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before May 8, 2024; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 8, 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.

IANNACCI, J.P., MALTESE, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court