| Wilmington Savings Fund Society, FSB v Moriarty-Gentile |
| Motion No: 2023-10249 |
| Slip Opinion No: 2024 NY Slip Op 67277(U) |
| Decided on May 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. |
Appellate Division: Second Judicial Department
M296231
AFA/
COLLEEN D. DUFFY, J.P.
BETSY BARROS
LILLIAN WAN
CARL J. LANDICINO, JJ.
|
2023-10249 Wilmington Savings Fund Society, FSB, etc., respondent, v Cathy Moriarty-Gentile, et al., appellants, et al., defendants. (Index No. 601868/2015)
| DECISION & ORDER ON MOTION |
Appeal from an amended judgment of the Supreme Court, Suffolk County, dated September 5, 2023. Motion by the appellant to stay enforcement of the amended judgment, including the sale of the subject property or, in the alternative, to stay all proceedings to remove the appellants from the subject property, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that enforcement of the amended judgment and all proceedings to remove the appellants from the subject property are stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before June 5, 2024, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 5, 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.
DUFFY, J.P., BARROS, WAN and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court