Appellate Division: Second Judicial Department

M265744

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2017-04386 Countrywide Home Loans, Inc., respondent, v Nicholas Vittorio, appellant, et al., defendants. (Index No. 11399/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action and the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered March 10, 2017. By order to show cause dated July 22, 2019, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order entered March 10, 2017, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Nassau County, dated March 4, 2019, and the appellant's motion for a stay was held in abeyance in the interim. Separate motion by the appellant to deem the notice of appeal from the order to be a premature notice of appeal from the judgment, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's motion to deem the notice of appeal from the order to be a premature notice of appeal from the judgment, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment is granted to the extent that the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the order, the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and on or before October 15, 2019, the appellant shall serve and file a supplemental record containing the judgment, and the motion is otherwise denied; and it is further,

ORDERED that the appellant's motion to stay all proceedings in the above-entitled action and the foreclosure sale of the subject premises is granted, and all proceedings in the above-entitled action and the foreclosure sale of the subject premises, located at 22 13th Street, Locust Valley, NY 11560, are stayed pending hearing and determination of the appeal from the judgment.

RIVERA, J.P., DILLON, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court