JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, ETC., ap, v. FREDERICK W. BUTLER, RESPONDENT def

JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, ETC., ap, v. FREDERICK W. BUTLER, RESPONDENT def — (INDEX NO. 1686/10)In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), entered July 10, 2013, as (a) granted those branches of the motion of the defendant Frederick D. Butler which were (i) pursuant to CPLR 2606 for the payment out of court of the sum of $490,000, held on deposit by the Kings County Clerk, to the extent of directing a payment to him in the sum of $55,617.11, and (ii) pursuant to 22 NYCRR 130-1.1 for the imposition of sanctions against the plaintiff and/or its attorneys to the extent of directing a hearing to determine whether sanctions should be imposed, and (b) denied its cross motion pursuant to CPLR 2606 for the payment out of court of the sum of $490,000, held on deposit by the Kings County Clerk, and directed a hearing to determine whether it was entitled to the balance of the sum held on deposit by the Kings County Clerk. By decision and order on motion dated August 1, 2013, this Court stayed enforcement of so much of the order as directed the payment of the sum of $55,617.11 to the defendant Frederick D. Butler pending hearing and determination of the appeal.

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JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, ETC., ap, v. FREDERICK W. BUTLER, RESPONDENT def — (INDEX NO. 1686/10)In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), entered July 10, 2013, as (a) granted those branches of the motion of the defendant Frederick D. Butler which were (i) pursuant to CPLR 2606 for the payment out of court of the sum of $490,000, held on deposit by the Kings County Clerk, to the extent of directing a payment to him in the sum of $55,617.11, and (ii) pursuant to 22 NYCRR 130-1.1 for the imposition of sanctions against the plaintiff and/or its attorneys to the extent of directing a hearing to determine whether sanctions should be imposed, and (b) denied its cross motion pursuant to CPLR 2606 for the payment out of court of the sum of $490,000, held on deposit by the Kings County Clerk, and directed a hearing to determine whether it was entitled to the balance of the sum held on deposit by the Kings County Clerk. By decision and order on motion dated August 1, 2013, this Court stayed enforcement of so much of the order as directed the payment of the sum of $55,617.11 to the defendant Frederick D. Butler pending hearing and determination of the appeal.

ORDERED that on the Court’s own motion, the notice of appeal from so much of the order as granted that branch of the motion of the defendant Frederick D. Butler which was pursuant to 22 NYCRR 130-1.1 for the imposition of sanctions against the plaintiff and/or its attorneys to the extent of directing a hearing to determine whether sanctions should be imposed is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, ETC., ap, v. FREDERICK W. BUTLER, RESPONDENT def

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