Appellate Division: Second Judicial Department

M302344

ID/

BETSY BARROS, J.P.

LAURENCE L. LOVE

DONNA-MARIE E. GOLIA

PHILLIP HOM, JJ.

2024-06038 Newrez, etc., respondent, v Sholom Wagschal, defendant-appellant, et al., defendants; David Wagschal, nonparty- appellant. (Index No. 22837/2008)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 3, 2024. Motion by the defendant-appellant to stay all proceedings in the above-entitled action and to stay enforcement of a judgment of the same court entered July 10, 2023, including the sale of 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 judgment, including 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 February 14, 2025, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 14, 2025, 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.

BARROS, J.P., LOVE, GOLIA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court