Appellate Division: Second Judicial Department

M264719

E/sl

RUTH C. BALKIN, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2018-03611 Goshen Mortgage, LLC, respondent, v Jan Giertl, appellant. (Index No. 5771/16)

DECISION & ORDER ON MOTION

2018-06734

Goshen Mortgage, LLC, respondent,

v Jan Giertl, appellant.

(Index No. 5771/16)

2019-01794

Goshen Mortgage, LLC, etc., respondent,

v Jan Giertl, appellant, et al., defendant.

(Index No. 5771/16)

Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, entered January 5, 2018, and March 12, 2018, respectively, and to consolidate the appeals. By order to show cause dated May 30, 2019, the parties were directed, inter alia, 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 a judgment entered December 24, 2018, and the appellant's motion was held in abeyance in the interim. Motion by the appellant to deem the records and the briefs filed in connection with the appeals from the orders to be filed in connection with an appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment and the notice of appeal from the judgment.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellant's motion to stay the foreclosure 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 deem the records and the briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment and no papers having been filed in opposition or in relation thereto, it is

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 appellant's motion, inter alia, to deem the records and the briefs filed in connection with the appeals from the orders entered January 5, 2018, and March 12, 2018, to be filed in connection with the appeal from the judgment is granted, the records and the 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 August 23, 2019, the parties shall correct the covers of the records and their respective briefs to reflect that the appeal is being prosecuted under Appellate Division Docket No. 2019-01794, and file digital copies of the records and their respective briefs containing the corrected covers, and the appellant shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment; and it is further,

ORDERED that the appellant's motion to stay the foreclosure sale of the subject premises and to consolidate the appeals from the orders is granted to the extent that the foreclosure sale of the subject premises is stayed pending hearing and determination of the appeal from the judgment and the motion is otherwise denied as academic.

BALKIN, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court