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CARTER v. JOHNSON

2010-10676, 2010-00817.

84 A.D.3d 1141 (2011)

923 N.Y.S.2d 668

EVELYN D. CARTER et al., Appellants, v. PHYLLIS B. JOHNSON, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 24, 2011.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, "stayed and enjoined" execution of the judgment by sale of the subject property "for so long as defendant Johnson resides in the premises and until further order of the court" is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order dated...

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