Appellate Division: Second Judicial Department

M230383

S/ct

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2016-08967, 2017-03873 U.S. Bank National Association, respondent, v Daniel Calabro, et al., appellants, et al., defendant. (Index No. 25109/11)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Suffolk County, dated February 1, 2016, and a judgment of the same court dated January 18, 2017, inter alia, to stay enforcement of the judgment and to stay the foreclosure sale pending hearing and determination of 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 is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of the judgment dated January 18, 2017, and the issues to be raised in connection with the appeal from the order will be brought up for review on the appeal from the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is granted to the extent that enforcement of the judgment and the foreclosure sale are stayed pending hearing and determination of the appeal on condition that the appellants perfect the appeal from the judgment or or before June 5, 2017, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal from the judgment is not perfected on or before June 5, 2017, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

ENG, P.J., LEVENTHAL, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court