| EBF HOLDINGS, LLC, DOING BUSINESS AS EVEREST BUSINESS FUNDING V DEFIANT ARMS, LLC, AND DWAYNE EDMOND FAVORS (APPEAL NO. |
| Motion No: CA 24-02042 and CA 25-00052 |
| Slip Opinion No: 2025 NY Slip Op 63633(U) |
| Decided on February 24, 2025 |
| Appellate Division, Fourth 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. |
PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-02042 and CA 25-00052
| EBF HOLDINGS, LLC, DOING BUSINESS AS EVEREST BUSINESS FUNDING,
PLAINTIFF-RESPONDENT, V DEFIANT ARMS, LLC, AND DWAYNE EDMOND FAVORS, DEFENDANTS-APPELLANTS. (APPEAL NO. 1) EBF HOLDINGS,
LLC, DOING BUSINESS AS EVEREST BUSINESS FUNDING, PLAINTIFF-RESPONDENT, V DEFIANT ARMS, LLC, AND DWAYNE EDMOND FAVORS,
DEFENDANTS-APPELLANTS. (APPEAL NO. 2) |
Appellants having moved for a stay of enforcement of the judgment in appeal No. 2 pursuant to CPLR 5519 (c) on the appeals taken herein from an order of the Supreme Court, Ontario County, entered November 13, 2024, and the judgment entered December 27, 2024,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are denied on the ground that appellants may obtain an automatic stay in Supreme Court pursuant to CPLR 5519 (a) (2) (see Kightlinger v Kightlinger, 231 AD2d 969, 969 [4th Dept 1996]).
Entered: February 24, 2025
Ann Dillon Flynn
Clerk of the Court