Appellate Division: Second Judicial Department

M255783

E/mm

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2017-03524 US Bank National Association, etc., respondent, v Marc D. Combs, appellant, et al., defendants. (Index No. 707167/14)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action and the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 28, 2017, and to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court entered May 3, 2018, to the extent that the judgment brings the order up for review.

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

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action and the sale of the subject premises is denied; and it is further,

ORDERED that the branch of the motion which is 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 the order up for review is granted, the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment and on or before October 19, 2018, the appellant shall serve and file a supplemental record containing the judgment.

CHAMBERS, J.P., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court