Appellate Division: Second Judicial Department

M265399

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2018-10308, 2018-10309 HSBC Bank USA, NA, respondent, v Maroulla Michael, appellant, et al., defendants. (Index No. 1234/16)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, both entered May 22, 2018, to stay enforcement of an order and judgment (one paper) of the same court entered February 8, 2019, all proceedings in the above-entitled action, and the foreclosure sale of the subject premises, pending hearing and determination of the appeals from the orders. Separate motion by the appellant to deem the notice of appeal from the orders 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, to deem the record and briefs filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment.

Upon the papers filed in support of the motion for a stay and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, to deem the notice of appeal from the orders 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, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that enforcement of the order and judgment, all proceedings in the above-entitled action, and the foreclosure sale of the subject premises, located at 67 Alhambra Road, Massapequa, NY 11758, are stayed pending hearing and determination of the appeal from the judgment; and it is further,

ORDERED that the notice of appeal from the orders 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 from the order and judgment will be prosecuted under Appellate Division Docket No. 2018-10308 and not under Appellate Division Docket No. 2018-10309, the record and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the order and judgment, and on or before September 23, 2019, the parties shall correct the covers of the record and their respective briefs filed with the Clerk of this Court to delete Appellate Division Docket No. 2018-10309, and file digital copies of the record and their respective briefs which contain the corrected cover, and the appellant shall serve and file a supplemental record containing the judgment.

BALKIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court