Upon the following papers numbered 1 to 34 read on this motion 1;Notice of Motion/Order to Show Cause and supporting papers 1-21;Notice of Cross Motion and supporting papers_;Answering Affidavits and supporting papers 22-34;Replying Affidavits and supporting papers_;Other_;(and after hearing counsel in support and opposed to the motion) it is,
*1 ORDERED that this motion by defendant Lisa Packard brought on by Order to Show Cause (Baisley, J.) dated October 11, 2017 seeking an order pursuant to CPLR 5015 & 6301: 1) staying the sale of the foreclosed premises scheduled for October 12, 2017; 2) vacating the Judgment of Foreclosure and Sale (Iliou, J.) dated December 16, 2015 and the Order (Iliou, J.) dated May 28, 2015 granting plaintiff’s unopposed motion for summary judgment and the appointment of a referee; and 3) enjoining further prosecution of this action is denied; and it is further ORDERED that the stay imposed by execution of this Order to Show Cause (Baisley, J.) is hereby vacated and the substitute referee is directed to forthwith reschedule a foreclosure sale of the premises and to notify all appropriate parties.Plaintiff commenced this action to foreclose a mortgage in the original sum of $175,000.00 executed by defendant Lisa A. Packard on April 6, 2006. Defendant defaulted in making timely monthly mortgage payments beginning September 1, 2012 and continuing to date. By Order (Iliou, J.) dated May 28, 2015 plaintiff’s unopposed summary judgment motion was granted and a referee was appointed to compute the sums due and owing to the plaintiff. A Judgment of Foreclosure and Sale (Iliou, J.), was granted on December 16, 2015. The foreclosure auction scheduled for October 12, 2017 was stayed as a result of this application. Two prior sales scheduled for July 13, 2016 and March 9, 2017 were cancelled based upon bankruptcy petition filings one day prior to each scheduled sale date: the first by defendant Lisa Packard and the second by defendant Adam Packard.Defendant Lisa Packard’s motion seeks an order enjoining further prosecution of this action including staying the sale of the premises and vacating the Judgment of Foreclosure and Sale (Iliou, J.) dated December 16, 2015 and the Order (Iliou. J.) dated May 28, 2015 granting summary
