Appellate Division: Second Judicial Department

M265427

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-04495, 2018-04498 Deutsche Bank National Trust Company, etc., respondent, v John Mecca, appellant. (Index No. 602190/15)

DECISION & ORDER ON MOTION

2019-06914

Deutsche Bank National Trust Company, etc.,

respondent, v John Mecca, appellant.

(Index No. 602190/15)

Motion by the appellant, in effect, to consolidate appeals from two orders of the Supreme Court, Suffolk County, both dated February 13, 2018, with an appeal from a judgment of the same court entered May 13, 2019, to deem the appendices and briefs filed in connection with the appeals from the orders to also be filed in connection with the appeal from the judgment, for leave to serve and file a supplemental appellant's appendix containing the judgment and the notice of appeal from the judgment and to waive certification of the supplemental appellant's appendix pursuant to 22 NYCRR 1250.7(g). Separate motion by the appellant to stay enforcement of the judgment, all proceedings in the above-entitled action, the sale of the subject premises, and his eviction from the subject premises, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion, in effect, to consolidate appeals from two orders of the Supreme Court, Suffolk County, both dated February 13, 2018, with an appeal from a judgment of the same court entered May 13, 2019, to deem the appendices and briefs filed in connection with the appeals from the orders to also be filed in connection with the appeal from the judgment, for leave to serve and file a supplemental appellant's appendix containing the judgment and the notice of appeal from the judgment and to waive certification of the supplemental appellant's appendix pursuant to 22 NYCRR 1250.7(g) is granted to the extent that the appeals are consolidated, the appendices and briefs filed in connection with the appeals from the orders are deemed also to be filed in connection with the appeal from the judgment, on or before September 23, 2019, the parties shall correct the covers of their respective appendices and briefs filed with the Clerk of this Court to add Appellate Division Docket No. 2019-06914 and file digital copies of the appendices and briefs that contain corrected covers, on or before September 23, 2019, the appellant shall either serve and file the supplemental appellant's appendix containing the judgment and the notice of appeal from the judgment, properly certified pursuant to 22 NYCRR 1250.7(g), or renew his request pursuant to 22 NYCRR 1250.7(g) to waive certification of the supplemental appellant's appendix containing the judgment and the notice of appeal from the judgment, upon proper papers containing a copy of the proposed supplemental appendix and demonstrating good cause for the waiver of certification, which shall include setting forth an inability to certify by all of the methods set forth in 22 NYCRR 1250.7(g), and the motion is otherwise denied; and it is further,

ORDERED that the motion for a stay is denied.

BALKIN, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court