| Ocwen Loan Servicing, LLC v Schacker |
| Motion No: 2017-11573 |
| Slip Opinion No: 2018 NY Slip Op 91526(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
M258517
E/sl
HECTOR D. LASALLE, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2017-11573 Ocwen Loan Servicing, LLC, etc., respondent, v Keith Schacker, et al., appellants, et al., defendants. (Index No. 18656/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to deem a notice of an appeal from an order of the Supreme Court, Nassau County, entered September 11, 2017, to be a premature notice of an appeal from a judgment of the same court entered September 27, 2018, and to stay all proceedings in the above-entitled action, enforcement of the judgment, and the sale of the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), and on or before January 22, 2019, the appellants shall serve and file a supplemental record containing the judgment; 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 2311 Sycamore Place, Merrick, NY 11566, are stayed pending hearing and determination of the appeal.
LASALLE, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court