| HSBC Bank USA, N.A. v Rudick |
| Motion No: 2019-01252 |
| Slip Opinion No: 2019 NY Slip Op 71195(U) |
| Decided on May 24, 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
M263005
E/mm
ALAN D. SCHEINKMAN, P.J.
MARK C. DILLON
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2019-01252 HSBC Bank USA, N.A., etc., respondent, v Lauren Rudick, etc., et al., appellants, et al., defendants. (Index No. 69655/14)
| DECISION & ORDER ON MOTION |
2019-01253
HSBC Bank USA, N.A., etc., respondent,
v Lauren Rudick, etc., et al., appellants,
et al., defendants.
(Index No. 69655/14)
Motion by the appellants to stay enforcement of an order of the Supreme Court, Suffolk County, dated December 17, 2018, and a judgment of the same court entered January 3, 2019, pending hearing and determination of appeals therefrom, to stay the sale of the subject premises, and to consolidate the appeals.
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 appeal from the order is 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 appeal from the order may be brought up for review and raised on the appeal from the judgment; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
SCHEINKMAN, P.J., DILLON, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court