Appellate Division: Second Judicial Department

M236614

E/sl

RANDALL T. ENG, P.J.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2016-07338, 2016-07340 Deutsche Bank National Trust Company, etc., respondent, v Madeline Iovino, etc., et al., appellants, et al., defendants. (Index No. 3282/11)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Putnam County, both dated May 26, 2016. Separate motion by the appellants, in effect, to deem the notice of appeal from the orders to be a premature notice of appeal from a judgment of the Supreme Court, Putnam County, entered September 12, 2016, to the extent that the judgment brings up for review the issues raised in connection with the orders, and to stay enforcement of the judgment. Application by the respondent to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion to stay the foreclosure sale and the papers filed in opposition thereto, upon the papers filed in support of the motion, in effect, to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the issues raised in connection with the orders, and to stay enforcement of the judgment and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the issues raised in connection with the orders is granted (see CPLR 5520[c]), the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2016-07338, and the brief filed in connection with the appeals from the orders is deemed to be filed in connection with the appeal from the judgment; and it is further,

ORDERED that the motion to stay the foreclosure sale and the branch of the motion which is to stay enforcement of the judgment are denied; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until October 20, 2017, and the respondent's brief shall be served and filed on or before that date.

ENG, P.J., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court