Appellate Division: Second Judicial Department

M252036

E/afa

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2017-10705 Bank of Americas, N.A., etc., respondent, v Cleveland Johnson, appellant. (Index No. 27073/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 28, 2017. Separate motion by the appellant pro se to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Separate motion by the respondent to dismiss the appeal for failure to timely perfect and on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the Supreme Court, Kings County, dated December 14, 2017, in the above-entitled action. Application by the respondent to strike the appellant's appendix on the ground that it contains matter dehors the record and is inadequate.

Upon the papers filed in support of the appellant's motions and the papers filed in opposition thereto, upon the papers filed in support of the respondent's motions and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order dated August 28, 2017, is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the record and the appellant's appendix filed in connection with the order are deemed to be filed in connection with the judgment, and on or before July 26, 2018, the appellant shall serve and file a supplemental appellant's appendix containing the judgment; and it is further,

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

ORDERED that the appellant's motion to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is granted; and it is further,

ORDERED that the respondent's motion is denied; and it is further,

ORDERED that the respondent's application is dismissed without prejudice to making a motion for the relief sought.

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

ENTER:

Aprilanne Agostino

Clerk of the Court