CV XXVIII, LLC v Trippiedi
Motion No: 2016-06716
Slip Opinion No: 2019 NY Slip Op 71485(U)
Decided on May 30, 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

M263117

E/mm

WILLIAM F. MASTRO, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2016-06716

CV XXVIII, LLC, respondent,

v Joseph Trippiedi, et al., appellants,

et al., defendants.

(Index No. 130382/12)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated September 17, 2015. Separate motion by the appellants pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from an order and judgment (one paper) of the Supreme Court, Richmond County, dated December 31, 2018, to the extent that it brings the order up for review, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the order and judgment, in effect, for leave to correct the covers of the record and the parties' briefs to reflect the caption contained in the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment.

Upon the papers filed in support of the motion for a stay and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, pursuant to CPLR 5520(c) and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that the notice of appeal from the order is deemed to be a premature notice of appeal from the order and judgment to the extent that it brings the order up for review (see CPLR 5520[c]), the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the order and judgment, and on or before June 24, 2019, the appellants shall correct the covers of the record and the parties' briefs to reflect the caption contained in the order and judgment, and serve and file a supplemental record containing the order and judgment; and it is further,

ORDERED that the sale of the subject premises, located at 121 Salamander Court, Staten Island, New York, is stayed pending hearing and determination of the appeal.

MASTRO, J.P., HINDS-RADIX, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court