Green Tree Servicing, LLC v Vitaliti, also known as Lopez
Motion No: 2016-03453
Slip Opinion No: 2017 NY Slip Op 89672(U)
Decided on October 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M239623

E/afa

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-03453

Green Tree Servicing, LLC, respondent,

v Justine Vitaliti, also known as Justine

Lopez, appellant, et al., defendants.

(Index No. 35465/13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to deem a notice of appeal from an order of the Supreme Court, Rockland County, dated March 14, 2016, to be a notice of appeal from a judgment of the same court dated May 26, 2017, in effect, to deem the record and the briefs 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, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to deem the notice of appeal from an order dated March 14, 2016, to be a notice of appeal from the judgment dated May 26, 2017, in effect, to deem the record and the briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment are granted (see CPLR 5512[a]), and the appellant shall serve and file a supplemental record containing the judgment on or before November 16, 2017; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ROMAN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court