Appellate Division: Second Judicial Department

M311394

ID/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

SUSAN QUIRK, JJ.

2024-03355 U.S. Bank National Association, etc., respondent, v Michael Nevers, etc., appellant, et al., defendants. (Index No. 39134/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated January 9, 2024. Motion by the appellant, inter alia, for leave to appeal to this Court from the order and to stay the sale of the subject property, pending hearing and determination of the appeal.

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 for leave to appeal to this Court from the order, is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay the sale of the subject property is denied; and it is further,

ORDERED that on the Court's own motion, the time for the appellant perfect the appeal is extended, and on or before March 23, 2026, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., BRATHWAITE NELSON, DOWLING and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court