Appellate Division: Second Judicial Department

M232555

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2016-11253, 2017-02357 Washington Mutual Bank, plaintiff, v Gilda Brottman, et al., appellants; Federal National Mortgage Association, nonparty-respondent. (Index No. 3007/08)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Nassau County, entered February 1, 2017, to stay all proceedings in the above-entitled action, and to stay the auction, sale, transfer, or other disposition of the subject premises, pending hearing and determination of appeals from two orders of the same court entered July 1, 2016, and July 7, 2016, respectively. Separate motion by the appellants 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, to deem the appellants' appendix and briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, to limit the issues to be raised in connection with the appeal from the judgment to be the issues raised in the briefs filed in connection with the appeals from the orders and, in effect, for leave to serve and file a supplemental appellants' appendix containing the judgment.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that the notice of appeal from the orders is deemed to be a notice of appeal from the judgment to the extent that the judgment brings the orders up for review, the appellants' appendix and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, the issues raised in connection with the appeal from the judgment are deemed to be the issues raised in the briefs filed in connection with the appeals from the orders, on or before June 24, 2017, the appellants shall serve and file a supplemental appellants' appendix containing the judgment, and the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2016-11253 and not under Appellate Division Docket No. 2017-02357; and it is further,

ORDERED that enforcement of the judgment entered February 1, 2017, is stayed, all proceedings in the above-entitled action are stayed, and the auction, sale, transfer, or other disposition of the subject premises, located at 4 Highland Court, Old Westbury, New York 11568, is stayed pending hearing and determination of the appeal from the judgment entered February 1, 2017.

CHAMBERS, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court