Deutsche Bank National Trust Company v Caperna
Motion No: 2024-10365
Slip Opinion No: 2025 NY Slip Op 66683(U)
Decided on April 14, 2025
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

M304298

ID/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

DONNA-MARIE E. GOLIA, JJ.

2024-10365, 2024-11286

Deutsche Bank National Trust Company,

etc., respondent, v Mark Caperna, et al.,

appellants, et al., defendants.

(Index No. 7614/2008)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Suffolk County, dated July 24, 2024, and an order and judgment (one paper) of the same court dated September 17, 2024. Motion by the appellants 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.

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 which is to stay enforcement of the order and judgment, including the sale of the subject property, 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; and it is further,

ORDERED that the branch of the motion, which is to consolidate the appeals is denied as academic as the appeals have been perfected and consolidated as of right (see 22 NYCRR 1250.9[f][3]).

CHAMBERS, J.P., CHRISTOPHER, FORD and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court