| Flatbush Two, LLC v Morales |
| Motion No: 2018-07587 |
| Slip Opinion No: 2019 NY Slip Op 65111(U) |
| Decided on March 13, 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
M260932
E/mm
JOHN M. LEVENTHAL, J.P.
COLLEEN D. DUFFY
BETSY BARROS
ANGELA G. IANNACCI, JJ.
|
2018-07587 Flatbush Two, LLC, respondent, v Maria Morales, appellant, et al., defendants. (Index No. 1631/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 14, 2018. By order to show cause dated January 9, 2019, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the same court entered September 12, 2018, in the above-entitled action, and the motion was held in abeyance in the interim. Separate motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the order, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment.
Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motions and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the appellant's motions are granted; and it is further,
ORDERED that the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the order, the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and on or before April 3, 2019, the appellant shall serve and file a supplemental record containing the judgment; and it is further,
ORDERED that the foreclosure sale of the subject premises is stayed pending hearing and determination of the appeal.
LEVENTHAL, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court