Deutsche Bank National Trust Company v Broomes
Motion No: 2016-12251
Slip Opinion No: 2018 NY Slip Op 65916(U)
Decided on March 5, 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

M246875

E/afa

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2016-12251, 2017-07534

Deutsche Bank National Trust Company,

etc., respondent, v Simeon Broomes, appellant,

et al., defendants.

(Index No. 500473/13)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Kings County, dated April 6, 2016, and a judgment of the same court dated March 3, 2017, inter alia, to stay enforcement of the judgment and to stay the sale of the subject premises, pending hearing and determination of the appeals, and, in effect, to consolidate the appeals, to deem the appellant's appendix and 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 appellant's appendix containing the judgment and the notice of appeal from the judgment.

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 branch of the motion which is, in effect, to consolidate the appeals, to deem the appellant's appendix and 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 appellant's appendix containing the judgment and the notice of appeal from the judgment is granted, and the appellant shall serve and file the supplemental appellant's appendix containing the judgment and the notice of appeal from the judgment on or before March 26, 2018; and it is further,

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

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until April 25, 2018, and the respondent's brief, if any, shall be served and filed on or before that date.

AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court