Appellate Division: Second Judicial Department

M256557

E/mm

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

ANGELA G. IANNACCI, JJ.

2016-07603 Wells Fargo Bank, N.A., respondent, v Chaya Grosz, et al., appellants, et al., defendants. (Index No. 30/14)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered May 19, 2016. By order to show cause dated August 7, 2018, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order dated May 19, 2016, terminated with entry of the final judgment of the Supreme Court, Nassau County, entered April 13, 2018, 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 order to be a premature notice of appeal from the judgment to the extent that it brings the order up for review, and to limit the issues raised by the appellant on the appeal from the judgment to the issues raised in connection with the appeal from the order.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion to stay the foreclosure sale of the subject premises and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the motion pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that it brings the order up for review, and to limit the issues raised by the appellant on the appeal from the judgment to the issues raised in connection with the appeal from the order is granted, and on or before November 9, 2018, the appellant shall serve and file a supplemental record containing the judgment; and it is further,

ORDERED that the motion to stay the foreclosure sale of the subject premises is granted, and the sale of the subject premises, located at 16 Washington Avenue, Lawrence, New York, is stayed pending hearing and determination of the appeal.

DILLON, J.P., COHEN, MILLER and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court