| Bayview Loan Servicing, LLC v Caracappa |
| Motion No: 2018-13470 |
| Slip Opinion No: 2019 NY Slip Op 69189(U) |
| Decided on April 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
M262344
E/mm
REINALDO E. RIVERA, J.P.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2018-13470, 2018-13471 Bayview Loan Servicing, LLC, respondent, v Kathleen M. Caracappa, appellant, et al., defendant. (Index No. 1958/16)
| DECISION & ORDER ON MOTION |
2019-02653
Bayview Loan Servicing, LLC, respondent,
v Kathleen M. Caracappa, appellant, et al.,
defendant.
(Index No. 1958/16)
Motion by the appellant to stay the publication of the notice of foreclosure sale, if it has not already occurred, and to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Orange County, dated July 9, 2018, and August 15, 2018, respectively, and a judgment of the same court entered January 2, 2019.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeals from the orders are 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 appeals from the orders may be brought up for review and raised on the appeal from the judgment; and it is further,
ORDERED that the motion is granted and the publication of the notice of foreclosure sale, if it has not already occurred, and the foreclosure sale of the subject premises, located at 51 North Main Street, Harriman, New York, are stayed pending hearing and determination of the appeal from the judgment on condition that the appeal from the judgment is perfected on or before May 30, 2019; and it is further,
ORDERED that in the event the appeal from the judgment is not perfected on or before May 30, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
RIVERA, J.P., DUFFY, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court