Appellate Division: Second Judicial Department

M262968

E/mm

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2017-06413, 2017-07426 BNH Milf, LLC, respondent, v Milford St. Properties, LLC, et al., appellants, et al., defendants. (Index No. 505821/14)

DECISION & ORDER ON MOTION

2019-02580

BNH Milf, LLC, respondent,

v Milford St. Properties, LLC, et al., appellants,

et al., defendants.

(Index No. 505821/14)

Appeals from two orders of the Supreme Court, Kings County, dated April 26, 2017, and May 19, 2017, respectively, and a judgment of the same court dated December 20, 2018. By order to show cause dated February 22, 2019, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the right of direct appeal from the orders terminated upon entry of the judgment. Motion by the appellants, inter alia, to deem the record and the appellants' brief filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, for leave to serve and file a supplemental record containing the judgment, and to stay the foreclosure sale of the subject premises. Separate motion by the respondent, inter alia, to extend the time to serve and file a brief and to enlarge the record to include certain motion papers. Separate motion by the appellants to stay the closing and transfer of title with respect to the subject premises.

Now, upon the order to show cause and no papers having been filed in response thereto, upon the papers filed in support of the appellants' motion, inter alia, to deem the record and the appellants' brief filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment and the papers filed in opposition thereto, upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellants' motion to stay the closing and transfer of title with respect to the subject premises and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeals from the orders is granted and the appeals from the orders are 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 appellants' brief filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment is granted to the extent that the record and the appellants' brief filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, on or before June 14, 2019, the appellants shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment, remove the notices of the appeals from the orders from the copies of the record filed with the Clerk of this Court, and correct the covers of the record and the appellants' brief filed with the Clerk of the Court to reflect that the appeal is being prosecuted under Appellate Division Docket No. 2019-02580, and that motion is otherwise denied; and it is further,

ORDERED that the respondents' motion and the appellants' motion to stay the closing and transfer of title with respect to the subject premises are denied.

RIVERA, J.P., BALKIN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court