Appellate Division: Second Judicial Department

M254785

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-01285, 2018-01286, 2018-09231 U.S. Bank National Association, etc., respondent, v Treena Ann Kropp-Somoza, etc., appellant, et al., defendants. (Index No. 602571-16)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, both dated November 20, 2017, and a judgment of the same court entered April 30, 2018, to stay enforcement of the judgment and the foreclosure sale of the subject premises, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeals from the orders are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeals from the orders may be brought up for review and raised on the appeal from the judgment; and it is further,

ORDERED that the motion is granted, and enforcement of the judgment and the foreclosure sale of the subject premises are stayed pending hearing and determination of the appeal from the judgment on condition that the appeal from the judgment is perfected on or before October 1, 2018; and it is further,

ORDERED that in the event the appeal from the judgment is not perfected on or

before October 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.

DILLON, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court