| JP Morgan Chase Bank, National Association v Simonsen |
| Motion No: 2019-01577 |
| Slip Opinion No: 2019 NY Slip Op 84312(U) |
| Decided on November 18, 2019 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M267596
E/mb
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.
|
2019-01577 JP Morgan Chase Bank, National Association, respondent, v Chris Simonsen, appellant. (Index No. 11585/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action and the sale of the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 19, 2018. By order to show cause dated July 23, 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 March 25, 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.
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 pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment is granted; and it is further,
ORDERED that the appellant's motion for a stay is granted and all proceedings in the above-entitled action and the sale of the subject premises, located at 120 Osbourne Road, West Hempstead, New York, are stayed, pending hearing and determination of the appeal from the judgment; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended until December 23, 2019, and the respondent's brief shall be served and filed on or before that date.
MASTRO, J.P., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court