Opinion
Motion Nos. 2022-09584 2022-09585 Index No. 32862/2009
04-28-2023
HSBC Bank USA, N.A., plaintiff-appellant, v. Abdul Hasan, et al., defendants, Palm Avenue Hialeah Trust, etc., respondent; 737 Hancock St Corp., etc., nonparty-appellant.
Unpublished Opinion
MOTION DECISION
M288738
MARK C. DILLON, J.P. ROBERT J. MILLER DEBORAH A. DOWLING LILLIAN WAN, JJ.DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Kings County, both dated October 12, 2022. Motion by the plaintiff-appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals. Separate motion by the plaintiff-appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of its motion, inter alia, to stay the foreclosure sale of the subject premises, 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 plaintiff-appellant's motion, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals, is granted to the extent that the foreclosure sale of the subject premises is stayed, pending hearing and determination of the appeals, on condition that the appeals are perfected on or before May 29, 2023, and the motion is otherwise denied; and it is further, ORDERED that in the event the appeals are not perfected on or before May 29, 2023, 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 plaintiff-appellant's motion to stay the foreclosure sale of the subject premises, pending hearing and determination of its motion, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals, is denied as academic.
DILLON, J.P., MILLER, DOWLING and WAN, JJ., concur.