Citimortgage, Inc. v Borek
Motion No: 2016-11096
Slip Opinion No: 2017 NY Slip Op 74838(U)
Decided on May 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M231764

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-11096, 2017-01347

Citimortgage, Inc., respondent,

v Amelia Borek, also known as Amy Borek,

defendant-appellant, et al., defendant;

Jesse Borek, nonparty-appellant.

(Index No. 21804/13)

DECISION & ORDER ON MOTION

Motion by the defendant-appellant and the nonparty-appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, both dated September 14, 2016, 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 the branch of the motion which is to consolidate the appeals is granted, the record and briefs filed in connection with the appeal under Appellate Division Docket No. 2016-11096 are deemed to be filed in connection with the appeal under Appellate Division Docket No. 2017-01347, and on or before June 8, 2017, the appellant shall serve and file a supplemental record containing the notice of appeal dated January 25, 2017, and the second order dated September 14, 2016, for the appeal pending under Appellate Division Docket No. 2017-01347; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court