Deutsche Bank National Trust Company v Iarrobino
Motion No: 2016-01818
Slip Opinion No: 2017 NY Slip Op 77944(U)
Decided on June 23, 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

M233462

E/sl

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2016-01818, 2017-05987

Deutsche Bank National Trust Company,

etc., respondent, v Anthony Iarrobino,

et al., appellants, et al., defendants.

(Index No. 130309/10)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Richmond County, dated January 6, 2016, and a judgment of the same court dated March 6, 2017, to stay the sale of the subject premises, pending hearing and determination of the appeals, to consolidate the appeals, to deem the appellants' appendix and the briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment to the extent that the judgment brings the order up for review, in effect, for leave to serve and file a supplemental appellants' appendix containing the judgment and notice of appeal from the judgment, and for a preference in the calendaring of the appeals.

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 branch of the motion which is to stay the sale of the subject premises is granted, and the sale of the subject premises is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals, to deem the appellants' appendix and the briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment to the extent that the judgment brings the order up for review, and, in effect, for leave to serve and file a supplemental appellants' appendix containing the judgment and notice of appeal from the judgment are granted, and the appellants shall serve and file a supplemental appellants' appendix containing the judgment and notice of appeal from the judgment on or before July 17, 2017; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied.

HALL, J.P., ROMAN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court