U.S. Bank, National Association v Haliotis
Motion No: 2017-07324
Slip Opinion No: 2018 NY Slip Op 83322(U)
Decided on September 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M255198

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

ANGELA G. IANNACCI, JJ.

2017-07324, 2017-07325

U.S. Bank, National Association, etc., respondent,

v Antonia Haliotis, et al., appellants, et al.,

defendants.

(Index No. 10147/12)

DECISION & ORDER ON MOTION

Motion by the appellants 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 two orders of the Supreme Court, Kings County, both dated April 6, 2017, to deem the notice of appeal from the orders to be a premature notice of appeal from a judgment of the same court dated May 1, 2018, to the extent that the judgment brings the orders up for review, and to deem the appendices and briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the notice of appeal from the orders dated April 6, 2017, is deemed to be a premature notice of appeal from the judgment to the extent that the judgment brings the orders up for review (see CPLR 5520[c]), the appendices and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, and on or before October 4, 2018, the appellants shall serve and file a supplemental appellants' appendix containing the judgment; and it is further,

ORDERED that the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2017-07324 and not under Appellate Division Docket No. 2017-07325; and it is further,

ORDERED that all proceedings in the above-entitled action and the sale of the subject premises are stayed pending hearing and determination of the appeal from the judgment.

CHAMBERS, J.P., AUSTIN, ROMAN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court