Appellate Division: Second Judicial Department

M252012

E/afa

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2017-13012 U.S. Bank Trust, N.A., etc., respondent, v Goeto Vanterpool, et al., appellants, et al., defendants. (Index No. 52849/16)

DECISION & ORDER ON MOTION

2018-04680

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

v Goeto Vanterpool, et al., defendants;

Kimberly Richardson, nonparty-appellant.

(Index No. 52849/16)

2018-05170

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

v Goeto Vanterpool, et al., appellants,

et al., defendants.

(Index No. 52849/16)

Motion by the appellants and nonparty-appellant to stay all proceedings in the above-entitled action and to stay the sale of the subject premises, pending hearing and determination of appeals from three orders of the Supreme Court, Dutchess County, dated November 28, 2017, February 20, 2018, and March 19, 2018, respectively, and to consolidate the appeals. By order to show cause dated May 15, 2018, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders dated November 28, 2017, and February 20, 2018, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment dated February 20, 2018, in the above-entitled action, and the motion by the appellants and nonparty-appellant was held in abeyance in the interim. Separate motion by the appellants and nonparty-appellant pursuant to CPLR 5512 and 5520(c) to deem the notices of appeal from the orders dated November 28, 2017, and February 20, 2018, to be notices of appeal from the judgment to the extent that the judgment brings up for review the orders.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion, inter alia, for a stay and the papers filed in opposition thereto, and upon the papers filed in support of the motion pursuant to CPLR 5512 and 5520(c) to deem the notices of appeal from the orders to be notices of appeal from the judgment and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the separate motion pursuant to CPLR 5512 and 5520(c) to deem the notices of appeal from the orders dated November 28, 2017, and February 20, 2018, to be notices of appeal from the judgment to the extent that the judgment brings up for review the orders is granted, and the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2017-13012 and not Appellate Division Docket No. 2018-04680; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal from the judgment is enlarged until August 1, 2018; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action and to stay the sale of the subject premises is granted, and all proceedings in the above-entitled action and the sale of the subject premises, located at 5 Larchmont Drive, Hopewell Junction, New York 12533, are stayed pending hearing and determination of the appeals from the judgment and the order dated March 19, 2018, on condition that those appeals are perfected on or before July 30, 2018; and it is further,

ORDERED that in the event the appeals from the judgment and the order March 19, 2018, are not perfected on or before August 1, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary with respect to the appeal from the judgment and the appeal from the order dated March 19, 2018, as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]), and that branch of the motion is otherwise denied as academic.

MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court