Appellate Division: Second Judicial Department

M239013

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2016-01576 US Bank, N.A., as legal title trustee for Truman 2012 Title Trust, respondent, v Mendel Dashkal, also known as Mendel Dasal, et al., appellants, et al., defendants. (Index No. 20139/08)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Kings County, dated October 9, 2015, pending hearing and determination of an appeal therefrom. By order to show cause dated August 2, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the Supreme Court, Kings County, dated April 21, 2017, and the appellant's motion was held in abeyance in the interim. Motion by the appellants pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the order, to deem the record and the parties' briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, to limit the issues raised on the appeal from the judgment to the issues raised in the briefs filed in connection with the appeal from the order, and for leave to serve and file a supplemental record containing the judgment.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellants' motions and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's motion to stay enforcement of the order dated October 9, 2015, is denied; and it is further,

ORDERED that the appellant's motion pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the order, to deem the record and the parties' briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, to limit the issues raised on the appeal from the judgment to the issues raised in the briefs filed in connection with the appeal from the order, and for leave to serve and file a supplemental record containing the judgment is granted, and on or before October 27, 2017, the appellants shall serve and file a supplemental record containing the judgment dated April 21, 2017.

DILLON, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court