Appellate Division: Second Judicial Department

M259852

E/sl

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-00700, 2018-00701, 2018-13577 Federal National Mortgage Association, etc., respondent, v Kevin Donovan, appellant, et al., defendants. (Index No. 4361/16)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, entered July 19, 2018, and to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from the judgment and appeals from two orders of the same court both entered November 6, 2017, and to consolidate the appeals. Separate motion by the respondent to dismiss the appeals from the orders on the ground that the right of direct appeal therefrom terminated upon entry of the judgment or, in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted; and it is further,

ORDERED that enforcement of the judgment and the foreclosure sale of the subject premises, located at 45 Chestnut Street, Malverne, New York, is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the appeals are consolidated, the record and the appellant's brief 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 March 4, 2019, the appellant shall serve and file a supplemental brief, if any, raising any issue in connection with the appeal from the judgment that was not raised in the brief filed in connection with the appeals from the orders and a supplemental record containing the judgment, the 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; and it is further,

ORDERED that the branch of the respondent's motion which is 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 branch of the respondent's motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until April 3, 2019, and the respondent's brief shall be served and filed on or before that date.

RIVERA, J.P., COHEN, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court