U.S. Bank National Association v Thomas
Motion No: 2018-03905
Slip Opinion No: 2019 NY Slip Op 72591(U)
Decided on June 13, 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

M263435

E/mm

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2018-03905

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

v Rosemarie Thomas, etc., appellant, et al., defendan

(Index No. 701726/15)

DECISION & ORDER ON MOTION


ts.

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated January 22, 2019, to stay enforcement of a judgment of the same court entered March 6, 2019, pending hearing and determination of the appeal. Separate motion by the appellant, inter alia, pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the Supreme Court, Queens County, entered March 6, 2019, 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 judgment, and for leave to serve and file a supplemental record containing the judgment.

Upon the papers filed in support of the motion to stay enforcement of the judgment and the papers filed in opposition thereto, and upon the papers filed in support of the separate 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 motion, inter alia, pursuant to CPLR 5520(c) to deem the notice of appeal from the order dated January 22, 2019, to be a premature notice of appeal from the judgment entered March 6, 2019, is granted to the extent that the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment, 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 judgment, and on or before July 8, 2019, the appellant shall serve and file a supplemental record containing the judgment, and that motion is otherwise denied; and it is further,

ORDERED that the motion to stay enforcement of the judgment is granted and enforcement of the judgment is stayed pending hearing and determination of the appeal.

CHAMBERS, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court