JPMorgan Chase, National Association v Rodriguez
Motion No: 2018-01264
Slip Opinion No: 2019 NY Slip Op 70444(U)
Decided on May 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M262735

E/jr

REINALDO E. RIVERA, J.P.

HECTOR D. LASALLE

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2018-01264, 2018-01265, 2019-04232

JPMorgan Chase Bank, National Association,

respondent, v Diane Rodriguez, appellant, et al.,

defendants.

(Index No. 11218/14)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, both entered December 18, 2017, and an order and judgment (one paper) of the same court entered February 27, 2019, and, in effect, to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to stay the foreclosure sale of the subject premises and, in effect, to consolidate the appeals are granted; and it is further,

ORDERED that the foreclosure sale of the subject premises, located at 31 Weberfield Avenue, Freeport, New York, is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that on or before June 13, 2019, the appellant shall serve and file a supplemental record containing the order and judgment, the notice of appeal from the order and judgment, and any papers constituting the record on the appeal from the order and judgment that are not contained in the record filed in connection with the appeals from the orders and a supplemental brief raising additional issues concerning the order and judgment that are not contained in the brief filed in connection with the appeals from the orders; in the event the appellant declines to file a supplemental brief, the appellant shall advise this Court, in writing, at the time that the appellant files the supplemental record; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., LASALLE, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court