Appellate Division: Second Judicial Department

M268339

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

LINDA CHRISTOPHER, JJ.

2018-14744 Bank of America, N.A., respondent, v Kerry Gaines, etc., et al., appellants, et al., defendants. (Index No. 5732/16)

DECISION & ORDER ON MOTION

Motion by the appellants to deem a notice of an appeal from an order of the Supreme Court, Nassau County, entered October 11, 2018, to be a premature notice of appeal from an order and judgment (one paper) of the same court entered July 17, 2019, to the extent that the order and judgment brings the order up for review, and to stay enforcement of the order and judgment and the foreclosure sale of the subject premises, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the notice of appeal from the order is deemed to be a premature notice of appeal from the order and judgment to the extent that the order and judgment brings the order up for review (see CPLR 5520[c]), 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 order and judgment, and on or before January 21, 2020, the appellants shall serve and file a supplemental record containing the order and judgment; and it is further,

ORDERED that enforcement of the order and judgment and the foreclosure sale of the subject premises, located at 4 Meadowspring Rd, also known as 4 Meadow Spring Road, also known as 4 Meadow Spring Lane, Glen Cove, New York, are stayed pending hearing and determination of the appeal.

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

ENTER:

Aprilanne Agostino

Clerk of the Court