Appellate Division: Second Judicial Department

M264306

E/mm

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2018-04326 HSBC Bank USA, N.A., etc., respondent, v Francis M. Caesar, et al., appellants, et al., defendants. (Index No. 70104/15)

DECISION & ORDER ON MOTION

Motion by the appellants to deem a notice of appeal from an order of the Supreme Court, Westchester County, dated March 12, 2018, to be a premature notice of appeal from a judgment of the same court dated May 21, 2019, to deem the appendices and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, for leave to serve and file a second supplemental appellants' appendix containing the judgment, and for leave to renew their prior motion to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to deem the notice of appeal from the order dated March 12, 2018, to be a premature notice of appeal from the judgment, to deem the appendices 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 second supplemental appellants' appendix containing the judgment are granted, and on or before August 1, 2019, the appellants shall serve and file a second supplemental appellants' appendix containing the judgment; and it is further,

ORDERED that the branch of the motion which is for leave to renew the appellants' prior motion to stay the foreclosure sale of the subject premises is denied.

DILLON, J.P., LEVENTHAL, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court