Appellate Division: Second Judicial Department

M250792

E/afa

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2016-03713, 2018-04732 Wells Fargo Bank, NA, respondent, v Moshe Atedgi, appellant, et al., defendants. (Appeal No. 1) U.S. Bank, N.A., etc., respondent, v Moshe Atedgi, appellant, et al., defendants. (Appeal No. 2) (Index No. 19785/12)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered February 22, 2016, and a judgment of the same court, entered December 19, 2017. By order to show cause dated March 29, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated upon entry of the judgment in the above-entitled action on December 19, 2017. Motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment, to deem the record and the parties' briefs 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 record containing the judgment, or, in the alternative, to consolidate the appeal from the order with an appeal from the judgment, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the appellant's motion which are to consolidate the appeals, to deem the record and the parties' briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record are granted, and on or before July 2, 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 branch of the appellant's motion which is pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment is denied as academic; and it is further,

ORDERED that the branch of the appellant's motion which is to stay the foreclosure sale of the subject premises is denied; and it is further,

ORDERED that the court's motion to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court