| EMC Mortgage Corporation v Tinari |
| Motion No: 2015-09698 |
| Slip Opinion No: 2017 NY Slip Op 69469(U) |
| Decided on April 4, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M228797
E/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2015-09698, 2015-09702 EMC Mortgage Corporation, respondent, v Frederick Tinari, et al., appellants, et al., defendants. (Index No. 4350/11)
| DECISION & ORDER ON MOTION |
Motion by the appellants to deem the notice of appeal from two orders of the Supreme Court, Suffolk County, both dated May 11, 2015, to be a notice of appeal from a judgment of the same court entered February 10, 2016, to the extent that the judgment brings the orders up for review, and to stay the sale of the subject premises, pending hearing and determination of the appeal from the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to deem the notice of appeal from the orders to be a notice of appeal from the judgment to the extent that the judgment brings the orders up for review is granted (see CPLR 5512[a]), the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2015-09698, and on or before April 25, 2017, the appellants shall serve and file a supplemental appellants' appendix containing the judgment; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., AUSTIN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court