Appellate Division: Second Judicial Department

M250430

E/afa

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2017-04429 JPMorgan Chase Bank, National Association, respondent, v Elida Nellis, appellant, et al., defendants. (Index No. 4054/13)

DECISION & ORDER ON MOTION

2018-04807, 2018-04808

U.S. Bank Trust, N.A., respondent,

v Elida Nellis, appellant, et al., defendants.

(Index No. 4054/13)

Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, entered February 15, 2017, and February 28, 2018, respectively, and a judgment of the same court also entered February 28, 2018, to stay the sale of the subject premises, to stay the respondent or anyone acting on its behalf from selling or otherwise transferring the subject premises, and to stay enforcement of the judgment, pending hearing and determination of the appeals, to consolidate the appeal from the order entered February 15, 2017, with the appeal from the judgment, in effect, to enlarge the record to include the appellant's affidavit dated November 14, 2016, and to deem the notice of appeal dated March 23, 2018, to be from the order entered February 15, 2017.

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 entered February 28, 2018, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order may be brought up for review and raised on the appeal from the judgment; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal from the order entered February 15, 2017, with the appeal from the judgment is granted, the appeals from the order entered February 15, 2017, and the judgment are consolidated, the record and briefs filed in connection with the appeal from the order entered February 15, 2017, are deemed to be filed in connection with the appeal from the judgment, and on or before June 21, 2018, the appellant shall serve and file a supplemental record containing the judgment, the notice of appeal from the judgment, and the papers filed in connection with the appeal from the judgment that are not contained in the record filed in connection with the order entered February 15, 2017, and a supplemental brief; and it is further,

ORDERED that the branch of the motion which is to deem the notice of appeal dated March 23, 2018, to be from the order entered February 15, 2017, is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court