Appellate Division: Second Judicial Department

M241954

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2016-13244 PNC Bank, National Association, respondent, v Esther Lefkowitz, et al., defendants, Herschel Engel, also known as Herschel Engle, also known as Harry Engel, also known as Harry Engle, appellant (Index No. 35459/13)

DECISION & ORDER ON MOTION .

Motion by the appellant to deem a notice of appeal from an order of the Supreme Court, Rockland County, dated November 16, 2016, to be a premature notice of appeal from a judgment of the same court dated August 23, 2017, to the extent that the judgment brings the order up for review, to deem the appellant's appendix and the briefs filed in connection with the appeal from the order to be deemed filed in connection with the appeal from the judgment, to limit the issues raised in connection with the appeal from the judgment to the issues raised in the briefs, and to stay all proceedings in the above-entitled action, as well as the foreclosure sale of the subject premises, pending hearing and determination of the appeal.

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

ORDERED that the branches of the motion which are 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 the order up for review, to deem the appellant's appendix and the briefs filed in connection with the appeal from the order to be deemed filed in connection with the appeal from the judgment, and to limit the issues raised in connection with the appeal from the judgment to the issues raised in the briefs are granted; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., HALL, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court