Deutsche Bank Trust Company v Routier
Motion No: 2023-00346
Slip Opinion No: 2024 NY Slip Op 77514(U)
Decided on October 30, 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

M300361

KS/

MARK C. DILLON, J.P.

DEBORAH A. DOWLING

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2023-00346

Deutsche Bank Trust Company, respondent,

v Sofia Routier, etc., appellant, et al.,

defendants.

(Index No. 601555/2017)

DECISION & ORDER ON MOTION

2023-02486

Deutsche Bank Trust Company Americas,

respondent, v Sofia Routier, etc., appellant,

et al., defendants.

(Index No. 601555/2017)

Appeal from an order and an order and judgment (one paper) of the Supreme Court, Suffolk County, both dated November 21, 2022. Motion by the appellant to stay enforcement of the order and judgment, including the sale of the subject property, pending hearing and determination of the appeals, and to consolidate the appeals. Application by the appellant to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the order and judgment, including the sale of the subject property, pending hearing and determination of the appeals, is granted and enforcement of the order and judgment, including the sale of the subject property, is stayed, pending hearing and determination of the appeals, on condition that the appeals are perfected on or before November 29, 2024; and it is further,

ORDERED that in the event the appeals are not perfected on or before November 29, 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; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the application is granted, and on or before November 29, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., DOWLING, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court