Appellate Division: Second Judicial Department

M196358

E/sl

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2014-11002 Wachovia Mortgage Corporation, respondent, v Therese Toussaint, appellant, et al., defendant. (Index No. 12945/08) (Action No. 1)

DECISION & ORDER ON MOTION

2015-04660

Goshen Mortgage, LLC, respondent,

v Therese Toussaint, appellant, et al.,

defendant.

(Index No. 12945/08)

(Action No. 2)

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, entered September 3, 2014, and all proceedings in a related holdover proceeding entitled Goshen Mortgage Reo, LLC v Toussaint, pending in the District Court of the County of Nassau - Housing Part, under Index No. 003097/15, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, entered September 8, 2014, and April 8, 2015, respectively, and to enlarge the time to perfect the appeal from the order entered September 8, 2014.

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

ORDERED that on the Court's own motion, the appeal from the order entered April 8, 2015, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,

ORDERED that the branch of the motion which is for a stay is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered September 8, 2014, is granted, the appellant's time to perfect that appeal is enlarged until September 21, 2015, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date.

HALL, J.P., SGROI, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court