Appellate Division: Second Judicial Department

M241399

E/afa

L. PRISCILLA HALL, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-11355 Bank of New York Mellon, formerly known as the Bank of New York, as successor to JP Morgan Chase Bank, NA, as trustee of SAMI II 2006-AR3, plaintiff, v Jehuda Rosenbaum, et al., defendants. (Index No. 2907/10)

DECISION & ORDER ON MOTION

2017-11356

Bank of New York Mellon, formerly known

as the Bank of New York, as successor to

JP Morgan Chase Bank, NA, as trustee of

SAMI II 2006-AR3, respondent, v Jehuda

Rosenbaum, et al., appellants, et al., defendants.

(Index No. 2907/10)

Motion by Jehuda Rosenbaum and Yvonne Ribowsky for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated November 2, 2017, and, inter alia, in effect, to stay the sale of the subject premises, pending hearing and determination of the appeal from the order dated November 2, 2017, as well as an appeal from an order of the same court entered February 28, 2011, and to consolidate the appeals. Motion by the respondent to dismiss the appeal from the order entered February 28, 2011, on the ground that the right of direct appeal terminated upon entry of a judgment of the same court on October 6, 2015.

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

ORDERED that the branch of the motion by Jehuda Rosenbaum and Yvonne Ribowsky which is for leave to appeal is denied; and it is further,

ORDERED that the respondent's motion is granted, and the appeal from the order entered February 28, 2011, is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion by Jehuda Rosenbaum and Yvonne Ribowsky is otherwise denied as academic.

HALL, J.P., HINDS-RADIX, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court