Appellate Division: Second Judicial Department

M262678

E/afa

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2015-12415 U.S. Bank National Association, etc., respondent, v Edward McEntee, etc., et al., appellants, et al., defendants. (Index No. 7580/13)

DECISION & ORDER ON MOTION

2019-00812

U.S. Bank National Association, etc., respondent,

v Edward McEntee, etc., et al., appellants,

et al., defendants.

(Index No. 7580/13)

Motion by the appellants on appeals from an order of the Supreme Court, Nassau County, entered September 15, 2015, and a judgment of the same court entered November 30, 2018, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal from the order. By order to show cause dated March 20, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the judgment, and the appellants' motion was held in abeyance in the interim. Separate motion by the appellants, inter alia, to deem the record and the 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 and the notice of appeal from 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 motions and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal from the order entered September 15, 2015, is granted, and the appeal from the order entered September 15, 2015, is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241),; and it is further,

ORDERED that the appellants' motion, inter alia, to deem the record and the 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 and the notice of appeal from the judgment is granted to the extent that the record and the 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 June 3, 2019, the appellants shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment, correct the covers of the copies of the record and briefs filed with the Clerk of the Court to reflect that the appeal is being prosecuted under Appellate Division Docket No. 2019-00812, and remove the notice of appeal from the order entered September 15, 2015, from the copies of the record filed with the Clerk of the Court, and that motion is otherwise denied; and it is further,

ORDERED that the appellants' motion to stay the foreclosure sale of the subject premises is granted and the foreclosure sale of the subject premises is stayed pending hearing and determination of the appeal from the judgment.

AUSTIN, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court