Appellate Division: Second Judicial Department

M242473

E/ct

RANDALL T. ENG, P.J.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-09724 Deutsche Bank National Trust Company, as trustee for Indymac Indx Mortgage Trust 2007-FLX1, etc., respondent, v Janice Wood Logan, appellant, et al., defendants. (Index No. 2029/10)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPLR 5512 to deem a notice of appeal from an order of the Supreme Court, Dutchess County, dated July 11, 2017, to be a notice of appeal from a judgment of the same court also dated July 11, 2017, and to stay all proceedings in the above-entitled action 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 branch of the motion which is pursuant to CPLR 5512 to deem the notice of appeal from the order to be a notice of appeal from the judgment is granted; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action is granted to the extent that the distribution of the proceeds of the sale of the subject premises is stayed pending hearing and determination of the appeal, and, following the foreclosure sale of the subject premises, the proceeds shall be deposited in an escrow account maintained by the respondent's counsel, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before January 4, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 4, 2018, 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.

ENG, P.J., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court