Appellate Division: Second Judicial Department

M267450

E/sl

SHERI S. ROMAN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2019-03869 Wilmington Savings Fund Society, FSB, etc., respondent, v Jeffrey Novis, appellant, et al., defendants. (Index No. 11781/11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action and, in effect, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered February 1, 2019, and to extend the time to perfect the appeal. By order to show cause dated September 18, 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 terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Nassau County, entered May 30, 2019. Separate motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment and to extend the time to perfect the appeal.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion, inter alia, to stay all proceedings in the above-entitled action 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 order to be a premature notice of appeal from the judgment and the papers filed in oposition thereto, it is

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

ORDERED that the motions are granted, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the time to perfect the appeal is extended until January 8, 2020, and all proceedings in the above-entitled action and the sale of the subject premises, located at 71 Eagle Chase Drive, Unit 71, Woodbury, New York, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 8, 2020; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 8, 2020, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

ROMAN, J.P., COHEN, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court