Appellate Division: Second Judicial Department

M268345

kbp/

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

LINDA CHRISTOPHER, JJ.

2019-02618 Deutsche Bank National Trust, etc., respondent, v Tiny O'Connor, appellant. (Index No. 504304/15)

DECISION & ORDER ON MOTION

2019-07433

Deutsche Bank National Trust, etc., respondent,

v Tiny O'Connor, appellant, et al., defendants.

(Index No. 504304/15)

Motion by the appellant pro se to extend the time to perfect appeals from an order of the Supreme Court, Kings County, dated December 5, 2018, and a judgment of the same court dated May 8, 2019. Separate motion by the appellant to stay the foreclosure sale of the subject premises pending hearing and determination of the appeals.

Upon the papers filed in support of the motion to extend the time to perfect the appeals and the papers filed in opposition thereto, and upon the papers filed in support of the motion to stay the foreclosure sale of the subject premises and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order is dismissed on the ground that the right of direct appeal from the order terminated upon entry of the judgment, (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the judgment is granted, the appellant's time to perfect the appeal from the judgment is extended until February 18, 2020, and the record or appendix on the appeal from the judgment and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order is denied as academic; and it is further,

ORDERED that the motion to stay the foreclosure sale of the subject premises is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court