Appellate Division: Second Judicial Department

M302953

AFA/

LARA J. GENOVESI, J.P.

LINDA CHRISTOPHER

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2024-07460 U.S. Bank Trust, National Association, etc., respondent, v Ashmeen Modikhan, appellant, et al., defendants. (Index No. 705854/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated April 3, 2024. Motion by the appellant to stay all proceedings in the Civil Court of the City of New York, Queens County, under Index No. LT-310691-2023QU, pending hearing and determination of the appeal, for waiver of costs, fees, and expenses, and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion is for leave to stay all proceedings in the Civil Court of the City of New York, Queens County, under Index No. LT-310691-2023QU is denied; and it is further,

ORDERED that the branch of the motion which is for waiver of costs, fees, and expenses is denied with leave to renew within 30 days of the date of this decision and order on motion, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before March 21, 2025, 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.

GENOVESI, J.P., CHRISTOPHER, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court