Appellate Division: Second Judicial Department

M265461

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2019-01199, 2019-01200 Wells Fargo Bank, N.A., respondent, v Jason Schlomann, appellant, et al., defendants. (Index No. 18292/11)

DECISION & ORDER ON MOTION

Motion by the appellant to deem the notice of appeal from two orders of the Supreme Court, Suffolk County, both dated May 30, 2018, to be a premature notice of appeal from an order and judgment (one paper) of the same court entered March 19, 2019, to the extent that the order and judgment brings the orders up for review, to deem the record and the appellant's brief filed in connection with appeals from the orders to be filed in connection with the appeal from the order and judgment, for leave to serve and file a supplemental record containing the order and judgment, and to stay the foreclosure sale of the subject premises and enforcement of the order and judgment, pending hearing and determination of the appeal from the order and judgment.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the notice of appeal is deemed to be a premature notice of appeal from the order and judgment to the extent that the order and judgment brings the orders up for review, the appeal will be prosecuted under Appellate Division Docket No. 2019-01199 and not under Appellate Division Docket No. 2019-01200, the record and the appellant's brief filed in connection with appeals from the orders are deemed to be filed in connection with the appeal from the order and judgment, and on or before September 17, 2019, the appellant shall remove Appellate Division Docket No. 2019-01200 from the copies of the covers of the record and the appellant's brief filed with the Clerk of the Court, file digital copies of the record and the appellant's brief that contain the corrected covers, and serve and file a supplemental record containing the order and judgment; and it is further,

ORDERED that the foreclosure sale of the subject premises and enforcement of the order and judgment are stayed pending hearing and determination of the 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 in connection with the appeal from the order and judgment is extended until October 17, 2019, and the respondent's brief shall be served and filed on or before that date.

DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court