| Emigrant Bank, formerly known as Emigrant Savings Bank and New Yor |
| Motion No: 2017-00875 |
| Slip Opinion No: 2017 NY Slip Op 70959(U) |
| Decided on April 19, 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
M229485
E/sl
L. PRISCILLA HALL, J.P.
SANDRA L. SGROI
HECTOR D. LASALLE
BETSY BARROS, JJ.
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2017-00875 Emigrant Bank, formerly known as Emigrant Savings Bank and New York Private Bank & Trust, respondent, v Anthony F. Marando, et al., appellants, et al., defendants. (Index No. 15296/11)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 1, 2016.
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 is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the Supreme Court, Kings County, dated February 7, 2017, in the above-entitled action, and the issues raised on the appeal from the order will be reviewed on the appeal from the judgment pending under Appellate Division Docket No. 2017-03809 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is denied.
HALL, J.P., SGROI, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court