| Surya Capital 11 N. Elliot Place Holdings LLC v Royal Gardens 641 |
| Motion No: 2024-13004 |
| Slip Opinion No: 2025 NY Slip Op 78320(U) |
| Decided on October 10, 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. |
Appellate Division: Second Judicial Department
M308570
AFA/
FRANCESCA E. CONNOLLY, J.P.
VALERIE BRATHWAITE NELSON
PHILLIP HOM
ELENA GOLDBERG VELAZQUEZ, JJ.
|
2024-13004 Surya Capital 11 N. Elliot Place Holdings LLC, respondent, v Royal Gardens 641 LLC, appellant, et al., defendants. (Index No. 515182/2018)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated September 24, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from a judgment of the Supreme Court, Kings County, dated October 24, 2023. Motion by the respondent to dismiss the appeal on the ground that the appeal was perfected in violation of 11 USC § 362(a) or, in the alternative, to extend the time to serve and file a brief. Motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the appellant and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by the respondent is denied; and it is further,
ORDERED that the motion by the appellant is granted, and the sale of the subject property is stayed, pending hearing and determination of the appeal.
CONNOLLY, J.P., BRATHWAITE NELSON, HOM and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court