State Emps. Fed. Credit Union v. S.G.F. Props., LLC

1 Citing case

  1. Stewart v. Fed. Nat'l Mortg. Ass'n

    1:24-cv-00730 (BKS) (N.D.N.Y. Dec. 11, 2024)

    “[T]he decision to grant or deny a stay pending appeal is within the discretion of the bankruptcy court.” State Emps. Fed. Credit Union v. S.G.F. Props., LLC, No. 15-cv-418, 2015 WL 7573220, at *2, 2015 U.S. Dist. LEXIS 158991, at *5 (N.D.N.Y. Nov. 25, 2015) (quoting Green Point Bank v. Treston, 188 B.R. 9, 11 (S.D.N.Y. 1995)). “Thus, the district court ‘review[s] the bankruptcy court's decision [to deny a stay pending appeal] only for abuse of discretion.'” Id. (alterations in original). A ruling is an abuse of discretion “only if the bankruptcy court ‘bases its ruling on a mistaken application of the law or a clearly erroneous finding of fact.'”