| 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. |
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