Appellate Division: Second Judicial Department

M236286

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

BETSY BARROS, JJ.

2017-07152, 2017-07153 Nationstar Mortgage, LLC, doing business as Champion Mortgage Company, respondent, v Elsa Blackman, appellant, et al., defendants. (Index No. 511629/14)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from a judgment of the Supreme Court, Kings County, dated January 17, 2017, and an amended judgment of the same court dated March 3, 2017, to consolidate the appeals, and for an award of costs and an attorney's fees.

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the appeal from the judgment is dismissed, without costs or disbursements, on the ground that the judgment has been superseded by the amended judgment; and it is further,

ORDERED that the branch of the motion which is to stay the foreclosure sale is granted to the extent that the foreclosure sale of the subject premises, located at 913 Saint Marks Avenue, Brooklyn, New York, is stayed pending hearing and determination of the appeal from the amended judgment on condition that the appeal from the amended judgment is perfected on or before September 18, 2017; and it is further,

ORDERED that in the event the appeal from the amended judgment is not perfected on or before September 18, 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; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court