| U.S. Bank Trust, N.A., etc. v Sadique |
| Motion No: 2017-00936 |
| Slip Opinion No: 2018 NY Slip Op 79164(U) |
| Decided on July 31, 2018 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M253301
E/rr
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON, JJ.
|
2017-00936
U.S. Bank Trust, N.A., etc., respondent, v Iffat Ara Sadique, etc., et al., appellants. (Index No. 11173/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the sale, transfer, or encumbrance of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered October 25, 2016. Separate motion by the appellant, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court entered June 15, 2017, to the extent that the judgment brings up for review the issues raised on the appeal from the order.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to stay the sale, transfer, or encumbrance of the subject premises, is granted, and the sale, transfer, or encumbrance of the subject premises, located at 1024 Peninsula Boulevard, Woodmere, New York, is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the motion, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment, to the extent that the judgment brings up for review the issues raised on the appeal from the order is granted, and the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), to the extent that the judgment brings up for review the issues raised on the appeal from the order; and it is further,
ORDERED that on the Court's own motion, the caption is deemed amended as set forth above; and it is further,
ORDERED that on or before August 21, 2018, the appellants shall serve and file a supplemental record containing the judgment and correct the covers of the record and the appellants' brief filed with the Clerk of the Court to reflect the proper caption, and the respondent shall correct the covers of the respondent's brief filed with the Clerk of the Court to reflect the proper caption.
RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court