Appellate Division: Second Judicial Department

M243836

E/rr

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2016-05322, 2016-05323 HSBC Bank USA, National Association, etc., respondent, v Michael N. Bazigos, etc., appellant, et al., defendants. (Index No. 69187/13)

DECISION & ORDER ON MOTION

2017-02225

HSBC Bank USA, National Association,

etc., respondent, v Michael N. Bazigos,

etc., et al., appellants, et al., defendants.

(Index No. 69187/13)

Motion by the appellant Michael N. Bazigos on appeals from two orders of the Supreme Court, Westchester County, both dated March 11, 2016, and a judgment of the same court dated January 6, 2017, to stay enforcement of the judgment pending hearing and determination of the appeals. Separate motion by the respondent to dismiss the appeals from the orders on the ground that the right of direct appeal therefrom terminated upon entry of the judgment or, in the alternative, to enlarge the time to serve and file a brief in connection with the appeals from the orders. Separate motion by the appellant Michael N. Bazigos, inter alia, in effect, to enlarge the time to perfect the appeals from the judgment and to consolidate the appeals from the order with the appeals from the judgment.

Upon the papers filed in support of the motion by the appellant Michael N. Bazigos to stay enforcement of the judgment and the papers filed in opposition and in relation thereto, upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the appellant Michael N. Bazigos, inter alia, in effect, to enlarge the time to perfect the appeals from the judgment and to consolidate the appeals and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant Michael N. Bazigos's motion to stay enforcement of the judgment is denied; and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeals from the orders is held in abeyance and referred to the panel of Justices hearing the appeals from the orders for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the respondent's motion which is to serve and file a brief in connection with the appeals from the orders is granted, the respondent's time to serve and file a brief is enlarged until January 29, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the appellant Michael N. Bazigos's motion, inter alia, in effect, to enlarge the time to perfect the appeals from the judgment and to consolidate the appeals is granted to the extent that the time to perfect the appeals from the judgment is enlarged until February 13, 2018, and the motion is otherwise denied; and it is further,

ORDERED that no further enlargement of time shall be granted.

DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court