Appellate Division: Second Judicial Department

M264035

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2017-12698 DLJ Mortgage Capital, Inc., v Alex T. Christie, et al., appellants, et al., defendants. (Index No. 2750/13)

DECISION & ORDER ON MOTION

2019-03757, 2019-03758

DLJ Mortgage Capital, Inc.,

v Alex T. Christie, et al., appellants,

et al., defendants.

(Index No. 2750/13)

Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, entered October 30, 2017, and January 28, 2019, respectively, and an order and judgment (one paper) of the same court entered January 28, 2019, inter alia, to stay enforcement of the order and judgment and all proceedings in the above-entitled action, pending hearing and determination of the appeals. By order to show cause dated May 15, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the order and judgment, and the branch of the appellants' motion which was to stay enforcement of the order and judgment and all proceedings in the above-entitled action was held in abeyance in the interim. Separate motion by the appellants, inter alia, to deem the record and the briefs filed in connection with the appeal from the order entered October 30, 2017, to be filed in connection with the appeal from the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment, and the notice of appeal from the order and judgment.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellants' motion, inter alia, to stay enforcement of the order and judgment and all proceedings in the above-entitled action and the papers filed in opposition thereto, and upon the papers filed in support of the appellants' motion, inter alia, to deem the record and the briefs filed in connection with the appeal from the order entered October 30, 2017, to be filed in connection with the appeal from the order and judgment and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellants' motion, inter alia, to deem the record and the briefs filed in connection with the appeal from the order entered October 30, 2017, to be filed in connection with the appeal from the order and judgment, and for leave to serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment is granted, to the extent that the record and the briefs filed in connection with the appeal from the order entered October 30, 2017, are deemed to be filed in connection with the appeal from the order and judgment, on or before August 1, 2019, the parties shall correct the covers of the record and their respective briefs to reflect that the appeal is being prosecuted under Appellate Division Docket No. 2019-03757 and the appellant shall serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment, and the motion is otherwise denied; and it is further,

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 branch of the appellants' motion which is to stay enforcement of the order and judgment and all proceedings in the above-entitled action is granted, and enforcement of the order and judgment and all proceedings in the above-entitled action is stayed pending hearing and determination of the appeal from the order and judgment.

MASTRO, J.P., DILLON, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court