| Nationstar Mortgage, LLC v Saad |
| Motion No: 2018-13064 |
| Slip Opinion No: 2018 NY Slip Op 92115(U) |
| Decided on December 31, 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
M258755
E/sl
ALAN D. SCHEINKMAN, P.J.
LEONARD B. AUSTIN
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2018-13064 Nationstar Mortgage, LLC, respondent, v Mohamad Saad, etc., appellant, et al., defendants. (Index No. 52159/16)
| DECISION & ORDER ON MOTION |
2018-13089
Nationstar Mortgage, LLC, respondent,
v Mohamad Saad, etc., appellant, et al.,
defendants.
(Index No. 52159/16)
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated September 25, 2018, and an order and judgment (one paper) of the same court and to stay the sale of the subject premises, pending hearing and determination of the appeals from the order and the order and judgment, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the order and judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order may be brought up for review and raised on the appeal from the judgment; and it is further,
ORDERED that the branch of the motion which is for a stay is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.
SCHEINKMAN, P.J., AUSTIN, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court