| U.S. Bank v Folmein |
| Motion No: 2024-01965 |
| Slip Opinion No: 2024 NY Slip Op 68956(U) |
| Decided on June 5, 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
M296864
AFA/
BETSY BARROS, J.P.
ROBERT J. MILLER
BARRY E. WARHIT
JANICE A. TAYLOR, JJ.
|
2024-01965 U.S. Bank, etc., appellant, v Folmein, et al., respondents, et al., defendants. (Index No. 513125/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated November 27, 2023. Motion by the appellant to stay enforcement of the order, including so much of the order as permits the respondents to transfer, encumber, or otherwise affect title to the subject property, and to stay the cancellation of the mortgage, 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, and enforcement of the order, including so much of the order as permits the respondents to transfer, encumber, or otherwise affect title to the subject property, and the cancellation of the mortgage are stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before July 5, 2024; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 5, 2024, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.
BARROS, J.P., MILLER, WARHIT and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court