Appellate Division: Second Judicial Department

M310552

ID/

FRANCESCA E. CONNOLLY, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2024-09825, 2024-09827 Residential Credit Solutions, Inc., respondent, v Rose Daniella Asis, etc., et al., appellants, et al., defendants. (Index No. 15277/2010)

DECISION & ORDER ON MOTION

2025-10507

US Bank Trust National Association, etc.,

respondent, v Vivian Assis, etc., appellant,

et al., defendants.

(Index No. 15277/2010)

Appeals from two orders of the Supreme Court, Kings County, both dated May 2, 2024, and an order and judgment (one paper) of the same court dated July 24, 2025. The appeals from the orders were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant Vivian Assis, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the orders. Separate motion by the appellant Vivian Assis to stay the sale of the subject property, pending hearing and determination of the appeals.

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

ORDERED that the motion to vacate the dismissal of the appeals from the orders is denied; and it is further,

ORDERED that the motion to stay the sale of the subject property is granted to the extent that the sale of the subject premises is stayed, pending hearing and determination of the appeal from the order and judgment, on condition that the appeal from the order and judgment is perfected on or before February 6, 2026; and it is further,

ORDERED that in the event the appeal from the order and judgment is not perfected on or before February 6, 2026, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion to stay the sale of the subject property is otherwise denied as academic.

CONNOLLY, J.P., FORD, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court