| U.S. Bank Trust, N.A., as trustee for LSF9 Master Participation Trust |
| Motion No: 2017-01162 |
| Slip Opinion No: 2017 NY Slip Op 80501(U) |
| Decided on July 20, 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
M234476
E/sl
RUTH C. BALKIN, J.P.
ROBERT J. MILLER
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY, JJ.
|
2017-01162, 2017-06949
U.S. Bank Trust, N.A., as trustee for LSF9 Master Participation Trust, respondent, v Charles L. Rose, also known as Charles Rose, Jr., et al., appellants, et al., defendants. (Index No. 297/16)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from an order of the Supreme Court, Orange County, dated December 21, 2016, and a judgment of the same court entered March 21, 2017, in effect, to stay the foreclosure sale of the subject premises and enforcement of the judgment, pending hearing and determination of the appeals. Application by the respondent to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry of the judgment. Separate application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on the appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the foreclosure sale of the subject premises and enforcement of the judgment are stayed pending hearing and determination of the appeals on condition that on or before August 21, 2017, the appellant either perfects the appeal from the judgment or makes a motion to deem the record and the appellant's brief filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, for leave to serve and file a supplemental record containing the judgment as well as the notice of appeal from the judgment, and to consolidate the appeals; and it is further,
ORDERED that the application to dismiss the appeal is dismissed without prejudice to making a motion for that relief; and it is further,
ORDERED that the application to enlarge the respondent's time to serve and file a brief in connection with the appeal from the order is enlarged until September 21, 2017, and the respondent's brief shall be served and filed on or before that date.
BALKIN, J.P., MILLER, MALTESE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court