Appellate Division: Second Judicial Department

M239913

E/afa

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2017-08575, 2017-08577 The Bank of New York Mellon, respondent, v Ann Forman, appellant, et al., defendants. (Index No. 603244/15)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action and to stay the respondent or anyone acting on its behalf from commencing or maintaining any other foreclosure action concerning the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, both dated June 6, 2017, and to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for a stay is granted and all proceedings in the above-entitled action are stayed and the respondent or anyone acting on its behalf is stayed from commencing or maintaining any other foreclosure action concerning the subject premises, pending hearing and determination of the appeals on condition that the appeals are perfected on or before November 20, 2017; and it is further,

ORDERED that in the event the appeals are not perfected on or before November 20, 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 unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court