Appellate Division: Second Judicial Department

M304935

ID/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

JAMES P. MCCORMACK, JJ.

2024-10362 Loan Funder LLC, etc., respondent, v 109 Ave Holding Corp., et al., appellants, et al., defendants. (Index No. 607332/2022)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated July 17, 2024. Motion by the appellants, in effect, to stay enforcement of the order and judgment, including the sale of the subject property, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal, 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 branches of the motion which are in effect, to stay enforcement of the order and judgement, including the sale of the subject property, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal, are denied; 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 July 7, 2025, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

IANNACCI, J.P., CHRISTOPHER, WAN and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court