Appellate Division: Second Judicial Department

M229667

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2017-01595 Citimortgage, Inc., respondent, v Celeste Dekonski, appellant, et al., defendants. (Index No. 54018/11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated January 6, 2017.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is dismissed for failure to provide proof of service of the motion in accordance with the terms of the order to show cause; and it is further,

ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the final judgment of the Supreme Court, Westchester County, dated January 6, 2017, in the above-entitled action and the issues raised on the appeal from the order will be reviewed on the appeal from the final judgment pending under Appellate Division Docket No. 2017-02840 (see Matter of Aho, 39 NY2d 241)

MASTRO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court