Prompt Mortgage Providers of North America, LLC v Zaro
Motion No: 2015-00564
Slip Opinion No: 2016 NY Slip Op 72295(U)
Decided on May 3, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M210980

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2015-00564, 2015-06382, 2015-6989

Prompt Mortgage Providers of North America,

LLC, respondent, v Simon Zarour, appellant,

et al., defendants.

(Index No. 33483/12)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Rockland County, dated October 29, 2014, and April 14, 2015, respectively, and a judgment of the same court dated July 20, 2015, and to consolidate the appeals.

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 dated April 14, 2015, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

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

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the judgment dated July 20, 2015, is enlarged until June 2, 2016, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further.

ORDERED that on the Court's own motion, the appeals from the order dated October 29, 2014, and the judgment will calendared together and those appeals will be argued or submitted on the same date.

RIVERA, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court