| Deutsche Bank National Trust Company v Van Alst |
| Motion No: 2017-07138 |
| Slip Opinion No: 2018 NY Slip Op 91503(U) |
| Decided on December 21, 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
M258515
E/sl
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2017-07138, 2017-07139, 2018-13797 Deutsche Bank National Trust Company, etc., respondent, v Marie D. Van Alst, etc., et al., appellants, et al., defendants. (Index No. 10059/14)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, enforcement of a judgment of the Supreme Court, Nassau County, dated July 30, 2018, and the sale of the subject premises, pending hearing and determination of appeals from the judgment and two orders of the same court entered April 24, 2017, and May 1, 2017, respectively, in effect, to consolidate the appeal from the judgment with the appeals from the orders, to deem the record and briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental brief and a supplemental record containing the judgment, notice of appeal from the judgment, and any papers constituting the record on the appeal from the judgment which are not contained in the record filed in connection with the appeals from the orders.
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 all proceedings in the above-entitled action, enforcement of the judgment, and the sale of the subject premises, located at 3883 Green Place, Bethpage, NY 11714, are stayed pending hearing and determination of the appeals; and it is further,
ORDERED that the appeals are consolidated, the record 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 January 22, 2019, the parties shall correct the covers of the record and their respective briefs to add the Appellate Division Docket No. 2018-13797, and the appellants shall serve and file a supplemental brief and a supplemental record containing the judgment, notice of appeal from the judgment, and any papers constituting the record on the appeal from the judgment which are not contained in the record filed in connection with the appeals from the orders.
MASTRO, J.P., AUSTIN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court