| Wells Fargo Bank, N.A. v Trupia |
| Motion No: 2017-10701 |
| Slip Opinion No: 2019 NY Slip Op 60311(U) |
| Decided on January 8, 2019 |
| 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
M258976
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2017-10701, 2017-10702, 2018-09442, 2018-09444 Wells Fargo Bank, N.A., etc., respondent, v Maria Trupia, appellant, et al., defendants. (Index No. 61943/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from three orders of the Supreme Court, Suffolk County, two dated September 8, 2017, and one dated July 6, 2018, and an order and judgment (one paper) of the same court also dated July 6, 2018, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals from the orders dated September 8, 2017. By order to show cause dated November 14, 2018, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry of the judgment and the appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeals are consolidated, the record and the parties' briefs filed in connection with the appeals from the orders dated September 8, 2017, are deemed to be filed in connection with the appeals from the order dated July 6, 2018, and the order and judgment, and on or before February 4, 2019, the appellant shall serve and file a supplemental record containing the order dated July 6, 2018, the order and judgment, and the notice of appeal from the order dated July 6, 2018, and the order and judgment; and it is further,
ORDERED that the motion to dismiss the appeals is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the appellant's motion is granted and the foreclosure sale of the subject premises, located at 105 Brower Road, Mattituck, New York, is stayed pending hearing and determination of the appeals.
BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court