Appellate Division: Second Judicial Department

M268088

E/sl

ALAN D. SCHEINKMAN, P.J.

SYLVIA O. HINDS-RADIX

BETSY BARROS

PAUL WOOTEN, JJ.

2016-13248 SRP 2015-1, LLC, respondent, v Joshua Thomas, et al., appellants, et al., defendant. (Index No. 2395/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated October 25, 2016, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of a judgment of the same court dated June 29, 2018. Separate motion by the appellant to deem the notice of an appeal from the order dated October 25, 2016, to be a premature notice of appeal from the judgment, for leave to serve and file a supplemental record containing the judgment and notice of entry of the judgment, to stay enforcement of the judgment and the foreclosure sale of the subject premises pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal. Separate motion by the appellant to enlarge the record to include certain documents.

Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, upon the papers filed in support of the appellant's motion, inter alia, to deem the notice of appeal from the order dated October 25, 2016, to be a premature notice of appeal from the judgment and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion to enlarge the record and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the respondent's motion is denied; and it is further,

ORDERED that the branches of the appellant's motion which are to deem the notice of appeal from the order dated October 25, 2016, to be a premature notice of appeal from the judgment and for leave to serve and file a supplemental record containing the judgment and notice of entry of the judgment are granted, the record and briefs filed in connection with the appeal from the order dated October 25, 2016, are deemed to be filed in connection with the appeal from the judgment, and on or before December 31, 2019, the appellant shall serve and file a supplemental record containing the judgment and notice of entry of the judgment; and it is further,

ORDERED that the branch of the appellant's motion which is to stay enforcement of the judgment and the foreclosure sale of the subject premises is granted and enforcement of the judgment and the foreclosure sale of the subject premises, located at 15 Hamilton Avenue, also known as 15 East Hamilton Avenue, Massapequa, New York, are stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the branch of the appellant's motion which is for a preference in the calendaring of the appeal and the separate motion by the appellant to enlarge the record to include certain documents are denied.

SCHEINKMAN, P.J., HINDS-RADIX, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court