Bank of New York Mellon v Hussain
Motion No: 2017-04433
Slip Opinion No: 2017 NY Slip Op 95210(U)
Decided on December 12, 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

M242969

E/ct

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2017-04433, 2017-11426

Bank of New York Mellon, etc., respondent,

v Syed Hussain, appellant, et al., defendants.

(Index No. 5722/14)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from an order of the Supreme Court, Kings County, entered April 6, 2016, and a judgment of the same court entered September 8, 2017, to consolidate the appeals and, in effect, to deem the record and the appellant's brief 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 and notice of appeal from the judgment. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the branches of the motion which are to consolidate the appeals and, in effect, to deem the record and the appellant's brief 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 and notice of appeal from the judgment are granted, and the appellant shall serve and file a supplemental record containing the judgment and notice of appeal from the judgment on or before January 2, 2018; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until February 1, 2018, and the respondent's brief shall be served and filed on or before that date.

RIVERA, J.P., AUSTIN, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court