| Bank of New York Mellon v Porfert |
| Motion No: 2018-01447 |
| Slip Opinion No: 2019 NY Slip Op 69733(U) |
| Decided on May 7, 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
M262614
E/mm
ALAN D. SCHEINKMAN, P.J.
LEONARD B. AUSTIN
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2018-01447 Bank of New York Mellon, etc., respondent, v Kenneth Porfert, appellant, et al., defendants. (Index No. 60242/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to deem a notice of appeal from an order of the Supreme Court, Suffolk County, dated November 20, 2017, to be a premature notice of appeal from an order and judgment of the same court entered August 23, 2018, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal from the order and judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the notice of appeal from the order dated November 20, 2017, is deemed to be a premature notice of appeal from the order and judgment entered August 23, 2018 (see CPLR 5520[c]), and on or before May 31, 2019, the appellant shall serve and file a supplemental record containing the order and judgment; and it is further,
ORDERED that the foreclosure sale of the subject premises, located at 6 Harmony Street, Manorville, New York, is stayed pending hearing and determination of the appeal.
SCHEINKMAN, P.J., AUSTIN, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court