Opinion
Motion No: 2012-07296 Index No. 22422/11 M142741
08-27-2012
U.S. Bank, National Association, etc., appellant, v. Carissa Razon, et al., defendants.
, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated July 9, 2012, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal is deemed to also be an application for leave to appeal from so much of the order as sua sponte dismissed the action, and leave to appeal is granted; and it is further,
ORDERED that the motion is granted to the extent that enforcement of so much of the order as vacated the notice of pendency, directed the Kings County Clerk and Register of Kings County to vacate and remove of record the notice of pendency filed in connection with the action, and directed the appellant to serve a copy of the order dated July 9, 2012, upon the Kings County Clerk and Register of Kings County is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 26, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 26, 2012, the Court, on its own motion, may vacate the stay, without further notice.
DICKERSON, J.P., LEVENTHAL, BELEN and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court