Appellate Division: Second Judicial Department

M235521

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2017-05806, 2017-05807 Mahopac Bank, respondent, v George Vignogna, et al., appellants, et al., defendants. (Index No. 55493/14)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Westchester County, dated March 10, 2017, and a judgment of the same court entered April 28, 2017, in effect, to stay enforcement of the judgment, including the sale of the subject premises, 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 therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is granted, and enforcement of the judgment, including the sale of the subject premises, located at 168 Finch Road, North Salem, New York, is stayed pending hearing and determination of the appeal from the judgment on condition that the appeal from the judgment is perfected on or before September 5, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 5, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

CHAMBERS, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court