| Wells Fargo Bank, N.A. v Zirogiannis |
| Motion No: 2019-03139 |
| Slip Opinion No: 2019 NY Slip Op 74881(U) |
| Decided on July 12, 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
M264430
E/mm
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2019-03139, 2019-07516 Wells Fargo Bank, N.A., respondent, v Demetrios Zirogiannis, et al., appellants, et al., defendants. (Index No. 947/17)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action and the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered January 28, 2019. Separate motion by the appellants to consolidate the appeal from the order entered January 28, 2019, with an appeal from an order and judgment (one paper) of the same court entered March 19, 2019, to deem the record and appellants' brief filed in connection with the appeal from the order also to be filed in connection with the appeal from the 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.
Upon the papers filed in support of the motion to stay all proceedings in the above-entitled action and the sale of the subject premises and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, to consolidate the appeals and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to stay all proceedings in the above-entitled action and the sale of the subject premises is denied; and it is further,
ORDERED that the motion, inter alia, to consolidate the appeals is granted, and on or before August 15, 2019, the appellants shall correct the covers of the record and the appellants' brief filed with the Clerk of the Court to add Appellate Division Docket No. 2019-07516, file digital copies of the record and the appellants' brief which contain the corrected covers, and serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended until September 16, 2019, and the respondent's brief shall be served and filed on or before that date.
BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court