Appellate Division: Second Judicial Department

M250442

E/rr

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2016-12485, 2016-12487, 2018-04194 JPMorgan Chase Bank, National Association, respondent, v Jonathan Austern, appellant, et al., defendants. (Index No. 64674/14)

DECISION & ORDER ON MOTION

2018-04197

JPMorgan Chase Bank, National Association,

respondent, v Jonathan Austern, appellant, et al.,

defendants.

(Index No. 64674/14)

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from three orders of the Supreme Court, Suffolk County, two dated October 25, 2016, and one dated January 9, 2017, and a judgment of the same court also dated January 9, 2017, and to consolidate the appeals.

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

ORDERED that on the Court's own motion, the appeal from the order dated January 9, 2017, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated October 25, 2016, with the appeal from the judgment is granted, and on or before June 13, 2018, the appellant shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment; and it is further,

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

ORDERED on the Court's own motion, the respondent's time to serve and file a brief is enlarged until July 13, 2018, and the respondent's brief shall be served and filed on or before that date.

SCHEINKMAN, P.J., BALKIN, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court