Professional Offshore Opportunity Fund, Ltd. v Braider
Motion No: 2016-12669
Slip Opinion No: 2018 NY Slip Op 64905(U)
Decided on February 22, 2018
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

M246171

E/afa

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2016-12669, 2017-04869, 2017-04870,

2018-00733

Professional Offshore Opportunity

Fund, Ltd., respondent, v Lloyd J. Braider,

et al., defendants, Laura L. Braider, appellant.

(Index No. 8296/11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from a judgment of the Supreme Court, Suffolk County, dated November 13, 2017, and three orders of the same court, one dated October 7, 2016, and two dated January 26, 2017, in effect, to consolidate the appeal from the judgment with the appeals from the orders, to deem the record and briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment, the notice of appeal from the judgment, and the papers and any transcripts necessary to consider the issues raised on the appeal from the judgment which are not contained in the record filed in connection with the orders, as well as a supplemental appellant's brief solely addressing the issues raised in connection with the judgment which are not contained in the brief filed in connection with the orders.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the foreclosure sale of the subject premises, located at 144 Hayrick Lane, Commack, New York, is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the appeals are consolidated, the record and briefs filed in connection with the appeals from the orders are deemed to be filed also in connection with the appeal from the judgment, and on or before April 19, 2018, the appellant shall serve and file a supplemental record containing the judgment, the notice of appeal from the judgment, and the papers and any transcripts necessary to consider the issues raised on the appeal from the judgment which are not contained in the record filed in connection with the orders, as well as a supplemental appellant's brief solely addressing the issues raised in connection with the judgment which are not contained in the brief filed in connection with the orders.

MASTRO, J.P., RIVERA, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court