| U.S. Bank National Association v Romanababu |
| Motion No: 2018-13465 |
| Slip Opinion No: 2019 NY Slip Op 75947(U) |
| Decided on July 23, 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
M264685
E/sl
RUTH C. BALKIN, J.P.
JOSEPH J. MALTESE
COLLEEN D. DUFFY
LINDA CHRISTOPHER, JJ.
|
2018-13465, 2018-13467 U.S. Bank National Association, etc., respondent, v Pillayar Romanababu, et al., appellants, et al., defendant. (Index No. 28463/13)
| DECISION & ORDER ON MOTION |
2019-05391, 2019-05936
U.S. Bank National Association, etc., respondent,
v Pillayar Romanababu, et al., appellants,
et al., defendant.
(Index No. 28463/13)
Motion by the appellants to stay enforcement of an order and judgment (one paper) of the Supreme Court, Suffolk County, dated April 17, 2019, and to stay the sale of the subject premises, pending hearing and determination of appeals from the order and judgment as well as three orders of the same court, two dated July 19, 2018, and one dated April 17, 2019, to extend the time to perfect the appeals from the orders dated July 19, 2018, and to consolidate the appeals from the orders dated July 19, 2018, with the appeals from the order dated April 17, 2019, and the order and judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeals from the orders are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeals from the orders may be brought up for review and raised on the appeal from the judgment; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order and judgment is granted, and enforcement of the order and judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 21, 2019; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 21, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied as academic.
BALKIN, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court