Appellate Division: Second Judicial Department

M252327

E/rr

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2016-09660, 2016-09661 HSBC Bank USA, NA, etc., respondent, v David Bermudez, et al., appellants, et al., defendants. (Index No. 12718/12)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, entered August 2, 2016, and August 9, 2016, respectively, to stay the sale of the subject premises, and to stay enforcement of a judgment of the same court entered August 2, 2017, pending hearing and determination of appeals from the orders. By order to show cause dated March 30, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment and the motion was held in abeyance in the interim. Separate motion by the appellants pursuant to CPLR 5520(c) to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the orders, to deem the record and the parties' briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellants' motion to stay the sale of the subject premises and enforcement of a judgment and the papers filed in opposition thereto, and upon the papers filed in support of the appellants' motion, inter alia, pursuant to CPLR 5520(c) to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment, it is

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

ORDERED that the motion by the appellants pursuant to CPLR 5520(c) to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the orders, to deem the record and the parties' briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment is granted and on or before August 1, 2018, the appellants shall serve and file a supplemental record containing the judgment; and it is further,

ORDERED that the motion to stay the sale of the subject premises and enforcement of a judgment is granted and the sale of the subject premises, located at 54 Landau Avenue, Elmont, New York, and enforcement of the judgment entered August 2, 2017, are stayed pending hearing and determination of the appeal.

CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court