Appellate Division: Second Judicial Department

M260667

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2018-10195 CIT Bank, N.A., respondent, v Nancy Whitley, etc., appellant, et al., defendants. (Index No. 620831/16)

DECISION & ORDER ON MOTION

2019-00550

CIT Bank, N.A., respondent,

v Nancy Whitley, etc., appellant,

et al., defendants.

(Index No. 620831/16)

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered October 30, 2018, and to set aside the sale of the subject premises, pending hearing and determination of appeals from the judgment and an order of the same court dated December 22, 2017, and to consolidate the appeals.

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 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 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 to stay enforcement of the judgment and to set aside the sale of the subject premises is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).

RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court