Appellate Division: Second Judicial Department

M190816

E/sl

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2015-02157 Flagstar Bank FSB, respondent, v Philippa Avaloy, et al., appellants, et al., defendants. (Index No. 19214/09)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay their eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered January 21, 2015. Separate motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order denying reargument or, in the alternative, in effect, to confirm that the record must include all papers filed in support of and in opposition to the motion and cross motion that were determined by the order appealed from.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order entered January 21, 2015, is deemed to be a notice of appeal from an order of the same court entered February 20, 2015 (see CPLR 5512[a]); and it is further,

ORDERED that the appellants' motion is denied; and it is further,

ORDERED that the branch of the respondent's motion which is, in effect, to confirm that the record must include all papers filed in support of and in opposition to the motion and cross motion that were determined by the order appealed from is granted; and it is further,

ORDERED that the respondent's motion is otherwise denied.

LEVENTHAL, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court