Appellate Division: Second Judicial Department

M304384

AFA/

BETSY BARROS, J.P.

BARRY E. WARHIT

HELEN VOUTSINAS

LILLIAN WAN, JJ.

2023-06334 Deutsche Bank National Trust Company, etc., respondent, v Fernando Hart, et al., defendants, Koznitz I LLC, appellant. (Index No. 238/2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated November 17, 2022. Motion by the appellant to stay all proceedings in the above-entitled action, including the sale of the subject property, pending hearing and determination of the appeal. Motion by nonparty 911 MGB LLC to be substituted as the appellant or, in the alternative, for leave to intervene, and to stay all proceedings in the above-entitled action, including the sale of the subject property, pending hearing and determination of the appeal.

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

ORDERED that the motion by the appellant and the branch of the motion by nonparty 911 MGB LLC which is to stay all proceedings in the above-entitled action, including the sale of the subject property, pending hearing and determination of the appeal, are granted, and all proceedings in the above-entitled action, including the sale of the subject property, are stayed, pending hearing and determination of the appeal; and it is further,

ORDERED that the branch of the motion by nonparty 911 MGB LLC which is to be substituted as the appellant is denied as unnecessary (see CPLR 1018); and it is further,

ORDERED that the branch of the motion by 911 MGB LLC which is for leave to intervene is denied.

BARROS, J.P., WARHIT, VOUTSINAS and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court