Good evening. I represent a foreclosure defendant that has an auction Friday. I filed a notice of appeal and believe I have a great chance of winning the case. But the auction is on for Friday and the appellate division denied by TRO but accepted the motion. My client decided to sell and the bank agreed to hold off the auction for 90 days to let him do that, but we have to withdraw the appeal and the OSC. I don't know why they are afraid of it. Unless, if he files bankruptcy, can the trustee permit the appeal to go forward and just stay the auction if he feels there is merit? If the auction happens, the appeal becomes moot so does anyone else know why the bank is so adamant about withdrawing the appeal? -- James J. Quail, Esq. 5550 Merrick Road, Suite 201 Massapequa, New York 11758 t.516.799.9100 | efax.516.494.7123