| Wells Fargo Bank, N.A. v Kowalski |
| Motion No: 2018-12839 |
| Slip Opinion No: 2019 NY Slip Op 73024(U) |
| Decided on June 18, 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
M263573
E/sl
JOHN M. LEVENTHAL, J.P.
JOSEPH J. MALTESE
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2018-12839, 2018-12840 Wells Fargo Bank, N.A., respondent, v Akadiusz Kowalski, et al., appellants, et al., defendant. (Index No. 8543/16)
| DECISION & ORDER ON MOTION |
Motion by the appellants, 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 June 13, 2018. By order to show cause dated May 3, 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 a judgment of the Supreme Court, Nassau County, entered January 7, 2019, in the above-entitled action and the appellants' motion was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the orders is deemed to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the orders (see CPLR 5520[c]), the record and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, and on or before July 10, 2019, the appellant shall serve and file a supplemental record containing the judgment; and it is further,
ORDERED that the motion to dismiss the appeals is denied; and it is further,
ORDERED that the appellants' motion is granted to the extent that the foreclosure sale of the subject premises, located at 88 Sycamore Lane, Levittown, NY 11756, is stayed pending hearing and determination of the appeals and the motion is otherwise denied.
LEVENTHAL, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court