| Bank of America, N.A. v Azzaretto |
| Motion No: 2018-07806 |
| Slip Opinion No: 2019 NY Slip Op 61780(U) |
| Decided on January 30, 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
M259477
E/sl
LEONARD B. AUSTIN, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2018-07806 Bank of America, N.A., plaintiff-respondent, v Austin Azzaretto, appellant, Bank of America, N.A., defendant-respondent, et al., defendant. (Index No. 9020/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant to deem a notice of an appeal from an order of the Supreme Court, Nassau County, entered May 4, 2018, to be a premature notice of appeal from a judgment of the same court entered September 24, 2018, to the extent that the judgment brings the order up for review, for leave to serve and file a supplemental record containing the judgment, and to stay the foreclosure 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 (see CPLR 5520); and it is further,
ORDERED that the appellant shall serve and file a supplemental record containing the judgment on or before February 15, 2019; and it is further,
ORDERED that the foreclosure sale of the subject premises, located at 18 Sherwood Gate, Oyster Bay, New York, is stayed pending hearing and determination of the appeal from the judgment.
AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court