Opinion
Motion No: CA 19-00002
04-02-2019
LAKEVIEW LOAN SERVICING, LLC, PLAINTIFF-RESPONDENT, v. MARK EDWARD FINN, LINDA FINN, DEFENDANTS-APPELLANTS, ET AL. DEFENDANT.
PRESENT:
Appellants having moved, upon the return of an order to show cause granted by the Honorable Joanne M. Winslow on March 5, 2019, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on April 2, 2018, pending the hearing and determination of the appeal taken herein, and for other relief,
Now, upon reading and filing the papers with respect to the order to show cause, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that, pursuant to CPLR 5519 (a) (6), (c), all proceedings to enforce the order entered April 2, 2018, including the foreclosure sale of the subject property are stayed on the conditions that: (1) appellants post an undertaking that complies with the requirements of CPLR 5519 (a) (6) and CPLR article 25 in the amount of $7,200 on or before May 2, 2019, and (2) and the appeal is perfected on or before June 3, 2019, and
It is further ORDERED that the temporary stay contained in the show cause order shall remain in effect and is hereby deemed vacated on May 2, 2019, and the motion is otherwise denied.
Entered: April 2, 2019
Mark W. Bennett, Clerk